Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 02 August 2015), February 1770 (17700221).

Old Bailey Proceedings, 21st February 1770.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX; HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 21st, Thursday the 22d, Friday the 23d, Saturday the 24th, and Monday the 26th of FEBRUARY, 1770.

In the Tenth Year of His MAJESTY's Reign. Being the Third SESSION in the Second MAYORALTY of The Right Honourable William Beckford , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER III. PART I.

LONDON:

Sold by S. Bladon, at No. 28, in Pater-noster-Row.

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

BEFORE the Right Honourable WILLIAM BECKFORD , Esquire, Lord Mayor of the City of London; Sir Joseph Yates , * one of his Majesty's Judges of the Court of King's Bench; Sir William Blackstone , Knt. + one of his Majesty's Judges of the Court of Common Pleas; James Eyre , Esq; ++ Recorder; and others of his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Goal Delivery of Newgate, for the said City and County of Middlesex.

129. (L.) William Smithers was indicted for stealing a linen shift, value 2 s. two pair of linen sleeves, value 2 s. and a linen handkerchief, value 1 s. the property of a person unknown, February 14 . *

John Thorn . I am an apprentice to Mr. Cottrell, a founder, in Fetter-lane . Last Wednesday night, about nine o'clock, as I was coming out of my master's shop, which is behind the house, I saw the prisoner and another man up at the one pair of stairs window; one of them, I know not which, had his head in at the window, the other was assisting him to get in. They dropped down, and one said, d - n her a b - h, she will not come. I said, Who will not come? One of them struck me; I called out for help. One ran up Church-yard-alley, the prisoner made up Fetter-lane. I ran after him, and called Stop thief! when in New-street square, he turned about, and attempted to strike me; then he ran again, and went against a man on horseback. He swore to me, D - n you, I'll stop thief you. He was stopped by a man, and we took him to the watch-house. Going into the watch-house, he dropped some wet linen, which I saw in his left hand under his coat; I took it up, and gave it to the constable.

Thomas Dukey , a fellow-apprentice, confirmed the account he gave.

Thomas Cottrell . Last Wednesday night, a little after nine o'clock, I was at a public house with some friends. A little girl came and said, I had been robbed, and they had catched one of the thieves She ran down Shoe-lane to shew me where the prisoner was; there I saw my apprentice have the prisoner by the collar. I sent for Mr. Bell, the constable, and we took him to the watch-house by St. Andrew's church. Just before he went in he dropped this wet linen. My apprentice took it up. The constable searched him in the watch-house, and found two silk handkerchiefs upon him which were dry, (the linen that he dropped was wet.) The prisoner said, Give me the handkerchiefs again, they are my own. They must get over a wall eight feet high to get into my yard. They had unbolted the gate on the inside to secure a retreat. It had been bolted a little before; my maid was hanging up wet linen to dry in a two pair of stairs room at the time. This linen may, or may not be my property; I cannot swear to it, not being marked. I don't know that any of my linen is marked.

George Bell , the constable, deposed to the prisoner's dropping the wet linen, and his finding the two handkerchiefs upon him, and the prisoner claiming them only as his own.

Prisoner's Defence.

I was coming by, and a young man called, stop thief! I ran, and he ran and took hold of me. I never was in the place. I never had that linen about me.

Jer. Neal. I live in Ratcliff-highway. I lost the things laid in the indictment (mentioning them) on the 19th of December. I found one of my shirts on the prisoner's back, the evening Mr. Wyn stopped him.

Mr. Wyn. I keep a sale-shop. The prisoner came to my shop, and told me, he was an unfortunate man that had lost his ship in Yarmouth-roads. He appeared in a creditable manner. He brought this cardinal, and asked me a guinea for it. I said, You never bought it, or you would know better what to ask for it. He said, his wife bought it, and she was dead. I gave him seven shillings for it. Two or three days after, Mrs. Neal came to my house and described it. I shewed it her, and she swore to it. I said, if the man comes again, I will stop him. The prisoner came again, and I stopped him, and before the justice the prosecutor owned the shirt he had on; and the justice ordered him to take it off.

Mary Edwards . I keep a clothes-shop a few doors from Mr. Wyn. On the 19th of December, the prisoner brought this bed-gown to me, and I gave him three shillings for it. (The shirt, cloke and gown produced in court.)

Prosecutor. These are my property. I am a coal-heaver. The prisoner lodged in my house four nights.

Sarah Barlow . I am wife to James Barlow . The day after Christmas-day, I lost a camblet gown. I received it again of Ann Spenton .

Ann Spenton . I am servant to Mrs. White, a pawnbroker, in Well-close-square. On the 26th of December, between nine and ten in the evening, the prisoner brought this gown, and asked half a crown upon it, and I lent her eighteen pence.

Prisoner's Defence.

Mrs. Barlow desired me to go and pawn the gown for her, and not to let her husband know of it. I went and got eighteen pence upon it, and delivered it to her.

Sarah Barlow . I never desired her to pawn that or any thing else in all my life.

John Tadmarsh . I live in Rosemary-lane, and deal in china were . I missed these several things on the 14th of December. I suspected the prisoner. I am his uncle; I do not choose to say what he confessed. He used to resort at the Prince of Orange's head, Whitechapel. I went there and found this china. (The china mentioned, all but half a dozen plates, produced in court, and deposed to by the prosecutor.)

Sarah Row. The prisoner came to my house with some china. My maid bought these of him towards house-keeping. He said, he bought them at Blackwall, on board a ship. She gave him forty-six shillings for them.

Eliz. Coombs. I am servant to Mrs. Row. I bought this china of the prisoner for forty-six shillings. He said he had it at Blackwall.

Eliz. Wilson. I live at the Nag's-head, facing Whitechapel Church. I bought this half dozen china plates of the prisoner. (Produced in court, and deposed to by the prosecutor.)

Prisoner's Defence.

I bought this china of a man in the new road, Whitechapel.

He called Archibald Fryer, who had known him from a child. Jasper Wilson , four or five years. John Godby , and Mary Chief , four years, who gave him a good character.

Guilty . T .

134. (M. 1st.) Joseph Nicholls was indicted for putting Thomas Sumner in corporal fear on the king's highway, and taking from his person a pair of boots, value 3 d. a linen handkerchief, value 2 d. a thickset coat, value 1 s. and two pence half-penny in money numbered , the property of the said Tho. Summer , Jan. 11 . +

Tho. Summer . On the 11th of last month, between six and seven in the evening, as I was in Stepney-fields , two men came up to me, and demanded my money. I said, I had only two pence half-penny, and was a poor working man. I do not know the prisoner. The other was an Irishman, named Maden; he is an evidence. He rifled my pockets, and took my two pence halfpenny. The other person desired him not to take it. Maden said, D - n the bougre, it will serve me to buy a pint of purl. He had a stick in his hand. Then he looked at my legs, and saw I had an old pair of boots on. He bid me pull them off, and said, if I would not, he would. He pulled them off; I believe the other person at that time laid his hand on my shoulder; then Maden took my coat off, and said, D - n your eyes, you bougre, let us have the handkerchief from your neck.

Q. Did the other person assist?

Summer. No; he did not.

Q. Had he any weapon?

Summer. I did not see any thing in his hand; all the words I heard him say, was when Maden was pulling my boats off; then he said, Pull them off; make no words about it. The same night I met Maden in East Smithfield, with my boots on: I collar'd him; he struck me, and I struck him; we were up and down several times. At last he stripped himself out of his jacket, which I had hold of, and ran away. He was taken the next day by one of Justice Fielding's men.

James Maden . The prisoner and I met this man in the fields; I stopped him, and bid him give us his money.

Q. How long had you been acquainted with the prisoner?

Maden. About a fortnight before that. The man said, he had no money. We both searched him, one on one side, and the other on the other. I found two pence half-penny upon him; I put it in my pocket; then said the prisoner, Do you take this boots, and take my shoes, and give me your shoes; and put the boots on your legs. I gave the prisoner my shoes, he put them on, and I the boots. I was taken up the day after by the India-house, and the prisoner the same night, on suspicion of being along with me. I had told the justice he was in company with me.

John Paget . I am a butcher; as I was coming by the India-house, I heard Maden and another man, a sailor, disputing that he had robbed a man of his boots and handkerchief and two pence halfpenny. Maden said, You bougre, hold your tongue, here is somebody that I know: he gave the sailor a punch on the face; then I took him up, and Justice Camper admitted him an evidence, and he gave an account against Nicholls and one John Leviston being with him in divers robberies. Nicholls was taken that night: there was a knife and a pair of boots laid claim to. One Clarey took me to a house where the boots were in the prisoner's custody.

Prisoner's Defence.

I know nothing at all of the affair; I don't know that I ever walked three yards with Maden in my life. I never drank with him but three times.

Acquitted .

( M. 1st.) He was a second time indicted for making an assault on John May , on the king's highway, on the 11th of January , putting him in corporal fear and danger of his life, and taking from his person a leather purse, value one penny, six shillings and six pence in money numbered, a muslin neckcloth, value one shilling, a hat, value one shilling, a worsted night-cap; value six pence, and a clasp knife, value three pence, the property of the said John . +

John May . I cannot say I know the prisoner or evidence. I was robbed the same night, the 11th of January, in Stepney-fields , by two men, one had boots on: he knocked me down with a stick, and made use of blasphemous words; he asked me for my money; I gave him six shillings and six pence in a leather purse. They both rifled me; they took my cap, a neckcloth, a knife, my hat from my head, and an ink-bottle. I have seen nothing again but my knife. (Produced in court and deposed to.)

John Paget . When we had the prisoner and evidence before Justice Camper on the Friday night, Nicholls was delivering this knife to another man that sat fronting him in a box; I seeing it, took it away from the man.

James Maden . We got some money from this man, I don't know how much it was. I know nothing at all of an ink-bottle, neckcloth, or hat. We committed another robbery before this in the fields; I don't know whether it was on this man, or not.

Prisoner's Defence.

I never was in a robbery since I was born. I was drinking at the Ship and Horseshoe in East-Smithfield with Maden, and he went away without his knife, and I took it to take care of for him.

Q. to Maden. Do you know any thing of that knife?

Maden. I don't remember any thing at all of it. I was a little in liquor.

He calld Thomas Monday , Eliz. Smith, Ralph Mold , and Adam Saunders , who knew him from a child, Seymour Rock , Rebecca Evans , and John Phillips , who had each known him seventeen or eighteen years; who said, his parents were honest, reputable people; and they never heard of any ill of him of this sort before this, &c.

Acquitted .

( M. 1st.) He was a third time indicted for making an assault on Edward Smith , on the king's highway, putting him in corporal fear and danger of his life, and taking from his person a pair of buckles plated with silver, value one shillings, a leather pocket-book, value three pence, a pair of leather gloves, value two pence, a green silk purse, value two pence, two silver pennies, one six-pence, one silver two-pence, a pair of crystal stone studs, set in silver, a cloth coat, value five shillings, and a hat, value five shillings, the property of the said Edward , Jan. 11 . +

Ed. Smith . I was going from London to Stepney on the 11th of January, and was met with by the prisoner and evidence, between six and seven in the evening. The evidence came up to me. It was a very moon-light night; he had a stick in his hand; he clapped it across my breast, and bid me stop, and said, Give me your money. I said, I have none. He said, Give it me, and don't look about you. I gave him a six-pence. He searched my right hand pocket, and took out a green silk purse, with a silver two-penny piece, two silver pennies, and a pair of Bristol-stone studs. He said, I had more, and made use of many bitter words, and said, You bougre, you have more money yet. He took out some, (I heard it chink) he said, Here is some cash here. He called Nicholls, and bid him search me. Nicholls took one buckle out of my shoe, and the evidence the other; they were plated buckles. Then he bid Nicholls take my hat and look at it. Nicholls took my hat and looked at it, and gave me his, and put mine on. Then the evidence said, You have a good coat on, we must have it. Then Nicholls pulled one sleeve off, and he the other. Nicholls doubled it up, and took it upon his arm. Then the evidence said, You have a good pair of buck-skin breeches on, we must have them. No, said Nicholls, don't take them, let him go about his business. Then Maden said to Nicholls, Deliver me my pistol. Whether they had one or not, I don't know; I saw none. Then they bid me go along, and make no noise, and left me. They did not use me ill. I never found any of my things again. They both of them had blue jackets on, and the evidence had a pair of boots on.

Q. Are you sure as to the men?

Smith. I am. I saw them, I believe, fifty yards before they came up to me, as they came over a bank.

Q. Did you know either of them before?

Smith. No, I did not. I saw them the Tuesday after at Justice Camper's.

Q. How long were they with you?

Smith. I believe they were with me in the whole about ten minutes.

James Maden . We committed another robbery that night.

Q. How many robberies in the whole did you commit that night?

Maden. We committed three in all. I can't say Mr. Smith was the man.

Q. Do you remember taking a silk purse with small pieces of silver money in it?

Maden. No.

Q. Do you remember taking a coat from a man?

Maden. We had a coat, but I don't believe it was from this man.

Q. Who had the coat?

Maden. Nicholls had it.

Q. Do you remember taking any buckles from shoes?

Maden. We had no buckles from shoes. I never saw none.

Q. Do you remember saying any thing about leather breeches?

Maden. I remember nothing of it.

John Paget . Mr. Smith came the morning after the prisoner was apprehended, and said, as soon as he saw him, That is one that robbed me, and this is the other, looking at the prisoner. He held up a hat, and said, Do you know any thing of this? The evidence said, he knew something of it.

Prosecutor. The evidence said before the justice, this was Nicholl's hat. (Holding the bat they changed in his hand.) The prisoner behaved much better than the evidence; I hope he will find mercy.

Paget. I heard the evidence say the same before the Justice.

Prisoner's Defence.

I never robbed any body in my life. When the justice asked the prosecutor, if he could swear to me, he said, He could not say he knew me. I do not know what night the robbery was committed on. So I do not know whether I was at work or a drinking.

Richard Roberts . On the 20th of December I lost a child's bed-gown and eight pair of worsted stockings. The prisoner lived in the neighbourhood, we suspected her. I got a search-warrant, and found four pair of my stockings in her apartment, between the bed and the sacking. She begged I would be favourable to her. (The stockings produced and deposed to.)

Prisoner's Defence.

It was late and they were hanging out, and I went and took them in, but with no view of keeping them.

Wil. Mylam. On the 26th of December, I was called out of my work-shop, and told I was robbed. Some of my neighbours brought the prisoner back; he would not stand search: I bid him go about his business. He went away, and they brought him back again in about five minutes time. They told me where my things were. I went with them into Old Gravel-lane, and saw my things lying in a shop on a counter. Then we took them to my house. I took the prisoner before Justice Camper, who made his mittimus to Newgate.

Edward Robertson . The prisoner came to my house that day between ten and eleven o'clock, and asked for an ounce of tea. Then he asked liberty to leave two looking-glasses and a cover-lid, and said he would call again; and in about half an hour after the prosecutor came with him, and took them away. (Produced and deposed to.)

Prisoner's Defence.

I buy old clothes about London. I was in Old-Gravel-lane; a woman called to me, to know if I would buy a looking-glass. I bought it for seven shillings and six-pence. I went into a shop to buy some tea, and desired the gentleman to let me put them there till I came back. I was going to buy some goods. I went to that broker's shop to buy a bedstead. We could not agree for it: there they took and searched me: nothing was found upon me. They offered to make it up if I would pay a guinea and a half, and I would not.

Prosecutor. Never such a word was mentioned. Israel Joseph and Betty Lazrous appeared to his character, and said they had lent him money, and he had paid them again.

Eliz. Agett. I sell shoes . I had three pair of men's shoes on the counter. I missed one of them.

Mr. Williamson. I stopped these pair of shoes upon the woman at the bar. (Produced and deposed to.) She brought them to my shop to sell. I sell wholesale and retail. I had sold them to the prosecutrix. I asked the prisoner where she got them? She said, she had them in Monmouth-street. I asked what she asked for them, she said, Half a crown. I said to my wife, Go, and get change for a guinea. She understood me; she went and asked the prosecutrix; she said, she had just lost them.

Prisoner's Defence.

I bought them in Monmouth-street for my husband; I paid half a crown for them. I would have showed them the place where I bought them, and they would not go with me.

Williamson. The magistrate gave her two days to find the place where she bought them, but she said, she could not.

John Tremlett . I sell hard-ware and canes . My goods are all exposed to sale. John Phipp can give a better account of the cane than I can.

John Phipp . I live with a bookseller just by the prosecutor. I saw the prisoner take a cane, the property of the prosecutor, and put it to the ground and bend it, and then was going away with it. I halloed out, Stop thief! he dropped it and ran, but was taken.

Prisoner's Defence.

I was going through the place, and walking up Catherine-street, they took me back to the woman; she said, she did not know whether I was the man or not.

Guilty. 10 d. W .

139. (M. 1st.) John Jefferies was indicted for stealing one purse, value one penny, two guineas and one half guinea , the property of Andrew Divett , Jan. 16 . ++

And. Divett . Whether my box was locked or not, I cannot swear. The prisoner lived with me seven or eight weeks; we had been acquainted with him only that time; the box was in the same room where we lay. I think the prisoner is out of his senses.

Kennet Dixon. I live opposite Galley-key in Thames-street, at No 47, and am a merchant's agent and porter at the water-side. On the 20th of January I was in my own warehouse, a person came to me, and said, Mr. Dixon, if you don't take care, you will lose a piece of linen out of a chest; my window looks directly on the chest. It was what we call Pomerania linen, or narrow German. I looked, and saw the prisoner take it, and detected him with it. At that time I did not know whose it was, but now I do. (Produced in court, and deposed to.) I had hold of him before he let it fall. It is the property of May and Cothoi, merchants in Fenchurch-street.

Prisoner's Defence.

I am innocent of the affair: I know no more of it than any man in this place.

He called Eliz. Brian, who had known him between six and seven years, and had lodged at her house; she said, he was very honest and sober.

Guilty . T .

141. (L.) Jane, wife of Joseph Richardson , was indicted for stealing four linen shifts, value 8 s. six linen aprons, value 10 s. a cotton gown, value 10 s. a pair of worsted stockings, a linen shirt, two napkins, six linen handkerchiefs, two silk handkerchiefs, and three yards and a half of linen cloth , the property of John Barker , January 27 . ++

John Barker . I live in Jewin-street . On the 27th of January I went out on a party of pleasure into the country, and came to town again on the 29th, about five in the afternoon. I am an attorney's clerk . My wife came to me in my office, and informed me, my apartment had been broke open. I went home immediately, and found those things missing that are laid in the indictment; some of them we have found again at different pawnbrokers. I was informed somebody that belonged to the house did it; I had a suspicion of the prisoner. I took her up, and found a pair of my stockings on her legs; this was the 30th of January. She lodged over my kitchen. She denied the charge utterly. Mr. alderman Harley thought it a matter of little consequence; he then discharged her. She went to lodge at a particular friend's of my own mother's by which means we came to a farther knowledge. I took her up again; she then owned it, and by her directions I found at three different pawnbrokers a shirt and a handkerchief that I can swear to, four linen shifts, six linen aprons, six handkerchiefs, a pair of black stockings on her legs, two soosee handkerchiefs, a shirt, three yards and a half of linen cloth, and two napkins.

Mrs. Barker. I had been out and returned about five o'clock in the evening, on the 29th of January. I could not get in; the prisoner ran down, and asked me, how I did? While I was trying at the padlock, she pulled it and undid it: I went to go into the parlour, and found my door open, and the things in a confusion. I found the wood of my closet was broke, which I had locked at my going out. I missed the things laid in the indictment (mentioning them.) We have found them all but four handkerchiefs, and one apron, and one shift. She produced one shift and two napkins out of her drawers. (The things found produced and deposed to) They were found by her directions at three different pawnbrokers, except what she produced.

Wil. Windsor. On the 27th of January the prisoner pledged this piece of new cloth with me. (Holding it in his hand.)

The other pawnbrokers deposed the prisoner pledged the other goods with them.

Prisoner's Defence.

They came and told me they had a suspicion I had robbed them. I showed her my stockings on my legs, and told her I bought them in Field-lane. I went with her there, and the woman was frighted, and said, I did not buy them there. I was put in the Compter, and brought to be re-examined. I said, I had carried some things to pawn, to raise money for my husband. I did not open the door; but I took a bundle that was upon a chair. I shut the door after me. Mrs. Barker promised me I might make use of that bundle to fetch my things out of pawn.

Ed. Burton . I am a carpenter . I was doing a building in Fan's-alley ; the prisoner worked there as a bricklayer . On the 19th of February, about seven in the morning, I was sent for; I found the prisoner in the custody of Sam. Belas , a watchman, with a deal board which I had used in the building, and had seen it there two or three days before. There were but three of that kind.

Sam. Belas . I am a watchman. I met the prisoner between three and four o'clock that morning, in Pick-ax-street, with a new board on his shoulder. I suspected he had stole it from this new building in Fan's-alley. I went there to see, and found a breach made, and another board loose. I put out my candle, and watched to see if any body would come for that. The prisoner came back in order to take it, and I stopped him. I got him into an alehouse, under pretence to give him some purl, and sent for the prosecutor.

Prisoner's Defence.

The boards were my own I had a little jobb to do in the neighbourhood, and was carrying them in order to do it.

Guilty 10 d. T .

143. (M. 1st.) John Peterson was indicted for stealing nineteen fathom of buoy-rope, value 2 s. two sheet-ropes, value 5 s. ten fathom of tack-rope, and thirty-six lb. weight of lead, the property of Edward and John Hughes , on board a vessel called, The Prince of Brazil, lying on the river Thames , Feb. 1 . *

It came out in evidence, that the second mate handed the things mentioned out of the vessel into the prisoner's boat, and has absconded.

James Stacey . The prisoner was my servant about six weeks. I discharged her the second of January. She came again the day after into the tap-room and into the kitchen. I saw no more of her; after that this gown was missing. My wife now lies in, and cannot attend. On the Thursday I took the prisoner in Virginia-row, Bethnal-green, with the gown on her back, She was sent to prison with it on, and it is since conveyed away; but I know it to be my wife's gown. (He produced a piece of the same cloth.)

Prisoner's Defence.

I know nothing of the gown; I never had it.

Guilty 10 d. W .

145, 146. (M. 1st.) Edward Wild , and Elizabeth, wife of William Boyce , were indicted, the first, for breaking and entering the dwelling-house of Francis Stevens , on the 10th of February , about the hour of twelve in the night, and stealing two cheeses, value 10 s. the property of the said Francis; and the other for receiving the same, well knowing them to have been stolen . *

Francis Stevens . I live at New Brentford . On the 10th or 11th of February, my warehouse was broke open.

Q. Does your warehouse join your dwelling-house?

Stevens. No; it is cross the yard from my dwelling house; it joins to my kitchen.

Q. Does any body sleep in that part?

Stevens. No; I missed some cheeses; there being a great quantity, I cannot tell how many were missing. My servant seeing mark of feet upon some coals, told me of it I went into the cellar, and saw it myself; they led to the hole where the jack-weight went down. I went into my warehouse above, and saw marks of feet on some cheeses. The prisoner Wild had lived with me about two months, and had been gone but the Sunday before. I suspected him. I ordered the watchman, if he saw any body about there, to secure them. On the Monday, the watchman called me up before twelve at night, and told me, he had got one of them. He had got a boy. I examined him if he was not concerned with Wild? He said, No, he never was; but he had told him, he could get up a hole and get things; and he had received some nutmegs from him. Then I went w ith the watchman to the woman's house at the bar, where Wild lived, and called him to get up; he was some time before he did. When I charged him, he cryed, and desired to speak with me backwards. He then told me he had taken a cheese. Soon after he said he had taken two, and that they were in that house. We found one in the cellar cut in two, and about three pounds of it gone. The man of the house declared his innocence; he went up stairs to his wife. The other cheese was found in his bed-room, but I was not by at the time.

Q. Why was not the man indicted, and not the woman?

Prosecutor. Wild charged her only, and said, she told him, she would find a secret place to put what he brought.

The watchman confirmed that of Wild's confession, and finding the two cheeses.

Sam. Evans . On the 4th of February, between the hours of eleven and twelve at night, I was between the two Turnstiles, Holborn . A woman in the street asked me, how far I was going? I said, home, will you go with me? but with no intention to have her with me. As soon as the word was out of my mouth, Duncken came up and knocked my hat off my head, and Carral took it and ran away with it.

Q. Did you know either of the prisoners before?

Evans. No; I had never seen either of them to my knowledge. I followed them, and called stop thief! Duncken turned about, and threatened to knock my brains out if I made a noise. I followed him at a distance, full the length of the street, behind, and saw him by the light of the lamps. There were very few people stirring: I met a man. I told him, that man had stole my hat. he went up to Duncken and told him, that man says you took his hat. Said Duncken, You see I have no hat about me. Said the man, then you had better stop and clear yourself. Then a watchman came up, and he was taken and carried to the watch-house.

Q. Did he run or walk?

Evans. I do not remember he ran; he walked a pretty quick pace.

Q. How long was it after you lost your hat, before you took the prisoner?

Evans. This might be ten or twelve minutes from first to last. I described the man that ran away with my hat, and my hat; and Carral was taken the Tuesday following by the same watchman. I was sent for before justice Welch; he had my hat on his head; I have it here.

Q. Had you quarrelled with either of the prisoners?

Evans. No. I did not see which way they came from; they came all on a sudden.

James Chapman . I am a watchman. On the 4th of February instant, the prosecutor called, Watch! I made up towards him; but he being in another parish, I went no farther. I heard a dispute between the prisoner and him; the prisoner threatned to dash his brains out if he made any noise. After that I went and took Duncken into custody. The prosecutor said, he and another had robbed him of his hat. Duncken owned Carral and he had been together. We took him to the watch house. After that I met with Carral, knowing him before; and the prosecutor had described him. He made his escape out of a public house; but on the Tuesday night after, he was stripped to fight another man, and I took him. He had the prosecutor's hat, which he had put off with his clothes. I asked him how he came by that hat? He said, he had lost his own, and he found that in the street. coming up Holborn. At first he said, he would be evidence against Duncken; but afterwards said, he would clear Duncken, and himself also. I have known Carral many years; he and I went to school together.

Jos. Brown, another watchman, confirmed the evidence given by Chapman, as to the taking both prisoners, &c.

Duncken's Defence.

I never saw my prosecutor in my life before; he was coming without a hat on. I walked along; he came behind me, and said, You are the man that took my hat off. I said, Here is a watchman, I am willing to go with you to him. I know nothing at all about it.

Carral's Defence.

I got the hat accidentally, coming home. I had lost my own. I found it in Holborn, and I made bold to wear it.

John Bush . I had been throwing at oranges in the street, and was going home; and at the end of Southampton-street, Bloomsbury , two women catched hold of me. The prisoner immediately jumped up against me, as if going to knock me down. He took hold of my watch-chain; I felt him give a tug at it. He pulled my pocket inside cut, with my watch in part of it. I catched his hand, and prevented him taking it. The women immediately went away; my watch stuck in the lining of my breeches.

Mary Rail . I am wife to Edward Rail . I live in Castle-street, Seven Dials . I had been out, and going up to my room, about one o'clock on Saturday last, I met the prisoner coming down softly, with her hand on the wall. I mistrusted she had take something, and said, she had something that did not belong to her.

Q. Did you know her before?

M. Rail. No, I did not. This was on my stairs; my room is up three pair of stairs. I took her down to the two pair of stairs room belonging to Ann Mayner, and locked her in, while I went up to see what things were missing. I missed a shirt, a cardinal, and two caps. I came down to her, and Ann Mayner delivered the things to me.

Ann Mayner . On the 17th of this month, Mrs. Rail pulled the prisoner into my room, and locked her in. I saw her drop this shirt and cloke in my room; and I searched her, and took two caps from out of her bosom. (Produced and deposed to.)

Prisoner's Defence.

I went up to enquire for one Mrs. Jones. I met the woman; she said, No Mrs. Jones lived there. I had these things under my arm. Then I said, it is a sad thing; for I had got a bundle that did not belong to Mrs. Jones.

John Woolham . I live in Fox-court, Southampton-row . I let Samuel Todd , the prisoner's husband, a lodging ready furnished, about half a year ago. We missed a pair of sheets last Wednesday was sevenight out of their lodging. I threatned her and her husband, and she owned she had pawned them, and she would go and fetch them again. She went with me and the constable, and I got them again. ( Produced and deposed to.)

Mr. Botomly. I am servant to Benjamin Burton , a pawnbroker, in Purple-lane. The prisoner pawned these sheets to me for two shillings and eight pence, on the 16th of November, and the other the 15th of December.

Silvester Coyle . I am a journeyman Dyer . I met with the two women at the bar, on the 21st of January, about eight at night, at Charing-cross. I was pretty much in liquor. They asked me, where I was going? I said home. They asked me to go home with them; I did. They carried me to Peter-street, Westminster , to a house, and up stairs we had a pot or beer and a pot of purl. After that we all three went to bed together. They went out of the room about two o'clock; I was awake, but did not think they were going, I then felt for my breeches, and missed my watch. I got up, and put on my coat and waistcoat. I missed my hat, cane, shoes, stockings, and buckles. I put on my breeches, and came down to the man of the house, and got a candle, and went up, but my things were gone. I told the man, I had been robbed in his house. He got up, and we went together to two houses. We had a constable with us. At the second house, where Carey lodged, the Duck, in Duck-lane, we found her and Whitely. There the constable found my hat and cane. The man of the house told me the soldier at the bar was husband to one of them.

Q. Did you see Rook, the soldier, when you was with the girls?

Coyle. I do not know that I did.

James Brown . I am a constable. The man of the house came for me, and said a man had been robbed at his house. I went with him; we could find nothing. Then we went to the Duck in Duck-lane: there we took the two women at the bar, a cane and a hat. We had them examined before Justice Miller; he granted a warrant to take the man at the bar: he was committed and brought up again to be re-examined. It was reported the watch was thrown into the kennel; then the soldier gave me the key of a little box, and sent me to his room where he lodged. I went; it was in Pye-street, at the sign of the Bell; there I found a pair of stockings, and the watch in the box together. (The watch, cane, shoes, stockings, hat, and buckles, produced in court and deposed to).

Whitely's Defence.

I know nothing about the things.

Carey's Defence.

I never saw the things nor the man.

Whitely and Carey guilty . T .

Daniel Rook acquitted .

157, 158. (M. 1st) James Smith and Thomas Abel were indicted for breaking and entering the dwelling-house of John Parnell on the 22d of Jan . about the hour of three at night, and stealing five perukes, value 4 l. six razors, value 6 s. and two pair of scissars, value 2 s. the property of the said John. *

The prosecutor is a barber and lives in Tatenham's court ; he deposed his house was broke between the 3d and 4th of January, and the goods mentioned taken away.

George Memory , who said he was eighteen years of age, deposed he, together with the two prisoners, in company with one John M'Duff, not taken, committed the fact; but his account not being supported by any evidence of credit the prisoners were both acquitted .

(M. 1st) They were a second time indicted for breaking and entering the dwelling-house of James Berridge , on the 22d of January , about four in the night, and stealing two black silk cloaks, value 10 s. a black silk hat, three linen aprons and a linen sheet, the property of the said James . *

The prosecutor deposed to his house being broke and the things taken away; but having no evidence of character to corroborate the evidence of Memory, Memory was not examined.

Both acquitted .

See Memory, the evidence tried for a burglary, No. 100 in Mr. Alderman Turner's Mayoralty.

159. (M. 1st) John Murphy was indicted for breaking and entering the dwelling-house of Henry Kipling , Esq ; on the 31st of January , in the night, and stealing a set of silver castors in a silver frame, value 4 l. a silver waiter, value 2 l. a silver mug, value 2 l three silver table spoons, value 30 s. a silver pepper-box, value 10 s. three silver candlesticks, six silver salt cellars, a silver cream-pot, a silver marrow-spoon, and two silver sauce-pans, the goods of the said Henry, in his dwelling-house . *

Henry Kipling , Esq; I live in Southampton-Row . I had been confined in my chamber for about a week; this alarmed me greatly: this was on New-Year's day in the morning. I got up and got down stairs into the parlour: there was a beauset and closet broke open where the plate used to be kept. I went into the back-room, where I found a bureau broke open, in which was nothing but letters. Ann Nicholls , my servant, will give an account how she found the house when she got up in the morning about seven o'clock.

Ann Nicholls . I am servant to Mr. Kipling. On the first on January, about seven in the morning, I found the street-door open that was locked when we went to bed: the parlour door I found open, which we left shut over night, and the beauset was open: that was not in my care. I had fastened the kitchen window and door over night. The window was open; all the things I found turned upside down. There were some table-spoons and a silver waiter missing from there.

Elizabeth Brass . I am servant to Mr. Kipling. The plate that I had in my care was a pair of salts, a pepper-castor, a silver cup, a silver pint mug, and some table-spoons; these were all missing on New-Year's day in the morning. I found the things in the parlour tumbled about and from off the table there. I missed also a silver candlestick and a silver waiter. None of these things were ever found again.

Thomas Crookhall . I was concerned with the prisoner in this. When I was got into the kitchen that night; Murphy was on the outside standing along with Gypsey George, his right name is George Lovell , to watch; (See Gypsey George tried, No. 589, in Mr. Alderman Harley's Mayoralty). I took away the plate, and one George Colbeck sold it to John Underwood for twenty-four guineas in Turnmiss-street; Colbeck is gone to sea.

Q. How long have you been aquainted with Murphy?

Crookhall. About six months. He lodged in Maynard-street.

Acquitted .

See Underwood tried No. 11, in this Mayoralty.

(M.) He was a second time indicted for breaking and entering the dwelling-house of William Nightengall on the 28th of December , about two o'clock in the night, and stealing a repeating table clock, value 10 l. twenty silver tea spoons, value 20 s. three pair of silver sugar tongs, value 3 s. three silver tea-strainers, value 3 s. one silver salt cellar, value 3 s. one silver salt-shovel, value 6 d. two silver table spoons, value 12 s. one silver punch ladle, value 5 s. one silver milk pot, value 5 s. one silver candlestick, value 10 s. one black silk cloak, value 3 s. and one silk handkerchief, value 2 s. the property of the said William, in his dwelling-house . *

William Nightengall . I live in Clerkenwell parish. My house was broke open on the morning of the 29th of December. I fastened most of the windows myself over night, and went to bed about a quarter before twelve, after going round, as I commonly do, to see if every thing was fast: we found the house was broke open about five in the morning and several drawers broke open, and the things laid in the indictment were taken away. (Mentioning them ). I went to Sir John Fielding , and had them advertised, but never found any of them again. The evidence confessed they were all sold to John Underwood , but I never could meet with him.

Q. Which way did they get in?

Nightengall. They got in at the kitchen window, and the closet door in the kitchen I found split down from top to bottom, and my beauset and the cupboard under it.

Peter Richardson . I am a journeyman to the prosecutor. He is a watch and clock spring maker. I went to work about a quarter after five that morning. I found the street door a-jar. I knocked at it, and my master's son came down. He went up to tell his father that the door was found open, and came down with a lights: then we found the house had been broke open, and ransacked in the same manner as my master has said.

Richard Nightengall . I called my father up; then we observed the house had been broke, and the things laid in the indictment were gone.

Thomas Crookhall . Colebeck, Murphy, and I broke this house open; about one o'clock that morning Colebeck and I tried to wrench open the shutter; but could not: then we went to the area and wrenched open a shutter there: then he desired me to hand him over the burner from the lamp, which I did. Murphy was standing by the watch-house to watch. I brought out a clock, silver spoons, a punch ladle, and several things that I cannot recollect; then Colebeck took and carried them to John Underwood and sold them for six guineas: he gave me two of them, and he gave Murphy some, how much I cannot tell. That was about nine the next morning.

Q. What did you break the shutter and place open with?

Crookhall. We broke them open with a chissel all iron. I gave this information when I was taken up on another indictment, for breaking a house in North-Audley-street.

Andrew Robinson . I belong to the Rotation at Whitechapel. I took the prisoner as he was going to his lodgings in Holloway-Lane. I took him to an alehouse, and then searched his lodgings.

Q. How do you know he lodged there?

Robinson. I was there informed so. He lodged with one Bush that had been an accomplice of his before; under his pillow I found this pistol (producing a pocket pistol) under the suit of clothes that the prisoner has now on, and in a box in the same room was this hand crow. (Producing an iron crow about eight or nine inches long, with two claws). I found also this stock and two center bits (produced in court, one of the bits bigger than the other), and this brass box with tinder, flint and steel (produced in court ): when I brought them to the alehouse to him, said he, I hope you have not meddled with my toggs ( meaning his clothes). I asked him if the clothes were his; he said, Yes. Then I went and took them, and found the buttons were all plate. (I thought they might be some matter of evidence). He was taken to the Justice, and his clothes were returned him.

Richard Smith . I went with the prisoner to Justice Welch's. I carried the clothes there. The evidence and he were both put to the bar together. The Justice said to Crookhall, Now ask him whether he knows any thing of Mr. Nightengall's house being robbed. Crook-hall asked him and bid him speak the truth; he said he did, and that he was down the area, and he also had two guineas of the money, for what the things and clock were sold for; that they had from Mr. Nightengall's the man of the house where he lodged, who was taken up and examined but was set at liberty. He gets his living in the same way. He is in no visible way of getting his bread.

Prisoner's Defence.

They are swearing my life away for the sake of the reward. There was a carpenter named Jack Hunt lay with me at that house. I asked him if I might put my clothes in his box. They are his tools. My father is a chairman, and I am a stick-maker: I used to work in Hedge-lane. My master has been dead two years. I had a little money left me, and I have not been at work since that.

(M.) He was a third time indicted for breaking and entering the dwelling-house of Catharina Chrastor , widow , on the 5th of January , about the hour of two in the morning, and stealing four table spoons, value 14 s. a pair of gold wires, value 1 s. and a pair of pistols, value 5 s. the property of the said Catharina, in her dwelling-house . *

Crookhall deposed he, Colebeck, and the prisoner broke this house, which was in St. Ann's Westminster , and took the things mentioned; but there being no witness of credit to corraborate his testimony, the prisoner was acquitted .

Nicholas Merry . The prisoner came to my house last Saturday night; he had six-penny worth of brandy and water. I was not in the house when he called for it, but was when he went out; after which a silver spoon was missing: he was seen to have it in his hand. I had him taken up on the Monday morning, and he produced it to the constable in my presence before he was taken before Justice Welch (produced and deposed to); he was not sober.

Job Rogers. I was in the prosecutor's house at the time the prisoner was; I saw him with a bason in one hand and the spoon in the other asking people to drink. I believe him to be in liquor at the time.

Prosecutor. A shoe-black, that was at my door, told me he carried the spoon out publickly in his hand. He denied it at first, but after that he owned it.

Prisoner's Defence.

I was in liquor and was quite ignorant of the thing.

Guilty 10 d. T .

161, 162. (M.) Thomas Linsey was indicted for stealing 4 s. in money, numbered , the property of Charles Bichards , and John Gropas for receiving the same, well knowing them to have been stolen , January 29 . +

Charles Bichards . I am a weaver, keep a public house , and live in Well-street Shoreditch . Linsey is my apprentice ; for these five or six weeks I have continually missed money out of a closet in my dining-room, which is next to my bed-chamber. On the 29th of last month we missed two guineas and a handful of silver. My wife and I concluded that she should be locked into the closet to watch; she can best give the court an account what happened.

Sarah Bichards . I am wife to the prosecutor. My daughter went up with me and locked me into the closet and carried her father the key; there is no key-hole on the inside. After I had been there about two hours, or more, Linsey came to the door and shook it as if he would have shook it to pieces; then he stopped a little and shook it again; he had something in the key-hole, what I cannot tell. Then he shook it again, and the door flew open. I said, Is it you, and called out and knocked with my foot; then they came up and he was taken and examined; he confessed he had taken four shillings that week, and had been there twice before and no more. The prisoner wanted to make his escape.

Sarah Roaper . I went with the prosecutor and the prisoner Linsey. I heard him say he had taken four shillings of his master's money and gave it to the other prisoner, and that he had but two-pence halfpenny out of it.

Linsey's Defence.

I did not own to the breaking the lock neither the times before not that neither; the door was open. I do not believe it was locked.

The prosecutor lives in Marybone parish; he lett the prisoner's husband lodgings ready furnished. The prisoner absconded and took the key with her. The prosecutor got in at the window and opened the door; be missed the things; she was taken up on the 14th of December. Several articles were found pledged in the prisoner's name; produced and deposed to.

The prisoner called Francis Milstead and Rachel M'Donald, who gave her the character of a sober working woman.

Susanna Birtue . On the 18th of January I went to Drury-lane play-house with the things laid in the indictment in my pocket. The cap was in the pocket-book. There was a very great croud in going in. I went to the two-shilling gallery, and when there I missed the things mentioned.

Edward Rogers . I am a constable at the play-house in Drury-lane. Mr. Gandle and I were in the Rose passage; he came to me and said, There is a man robbing a woman in the passage. We went and took him. It was the prisoner. He refused to be searched, till we got him before Sir John Fielding . I believe the box was picked up in the passage: the book and cap were found upon the prisoner and a card in it.

Q. to prosecutrix. Was there a card in your pocket-book?

Prosecutrix. There was.

Mr. Gandle. I am constable. On the 18th of January I was in the play-house passage before the doors were open. There being a great croud, I had an order from Mr. Garrick to attend the house this being the Queen's birth-day. I saw the prisoner by the side of this lady, and, to my apprehension, he took something out of her pocket. I saw a box in his hand which was thrown down and trod-upon. (The snuff box produced; he takes it in his hand). I cannot say this is the same. I called Mr. Rogers, and we apprehended him. I took this box up by the side of the prisoner; then we took him into the lobby. He was not willing to be searched in the play house. We took him before Sir John Fielding ; there I searched him and found this pocket-book in his pocket; the cap was in it. (Produced in court).

Prosecutrix. These and the snuff-box are my property.

Gandle. First of all the prisoner said he found the book, and after that he said I put it into his pocket. The gentlewoman was gone into the play-house with the croud.

Q. Did you see the prisoner take any thing from the ground?

Gandle. No, I did not. I saw him stoop, and I saw his hand towards the lady. I had a suspicion he was about her pocket.

Prisoner's Defence.

That very night I was going to the play Mr. Gandle came up to me and charged me with picking pockets. I said, You are under a mistake. I was agreeable to be searched before all the gentlemen, and took out my watch, my money, and all I had. The gentlemen said, The man has nothing about him but his own property; then Mr. Gandle sent away immediately to Sir John Fielding 's; there I was searched.

To his Character.

Samuel Whitehouse . I am a jeweller, and live in Cold-Bath-Field. I have known him four years; he always bore an honest character.

Thomas Dean . I keep a public-house in Norman's-Buildings in Old-street. I have known him seven years: his character is that of an honest man. I never heard to the contrary. I have bought china and handkerchiefs of him.

Thomas Whitehouse . I live in Brick-lane, Old-street. I have been in his company several times, and have known him about two years and three quarters. I am a horn-button maker. I never heard but his character was that of an honest man. He did live in the Strand. I have heard he is a butcher by trade. I bought a pair of handkerchiefs of him once.

Thomas Smart . I am a cutler, and live in Holloway-street in the Strand. I have known him ten years and upwards, and have been intimately acquainted with him that time. I never heard any thing but that he was an honest, industrious worthy man. I know he did lett lodgings, and he letts small sums of money out to use. I never heard, or had cause to think any other of him, than that of an honest man. He deals with sailors that come from India. I have been with him at Blackwall.

Guilty 10 d. T .

See him tried, No. 132, in Mr. alderman Janssen's mayoralty; and No. 59, in Bethell's; and No. 72, in Kite's.

165. (L.) Joaichim Saint Lewis , was indicted for stealing a piece of printed cotton, containing twenty-eight yards, value 53 s. the property of William Saxby , privately, in the warehouse of the said William , Feb. 13 . ++

W. Saxby. I am a Linen Draper , and live in Cheapside . My warehouse is on the ground floor, under my dwelling house and kitchen. On the 13th of this instant, about a quarter past eight, my servant called me down; I found about a dozen people in my warehouse. They informed me, they had taken the prisoner, who had stole this piece of cotton, (produced in court) my property. They told me, another with him had escaped. I sent my footboy for a constable. Here is my stamp upon it, the pattern is my own; no other Draper has the pattern but myself; there are twenty-eight yards and a half of it. The real value of it, as it stands me in, is fifty-three shillings and four pence.

Richard Saxby . We opened shop about seven. I think it was about a quarter past eight I saw the prisoner standing on the inside the warehouse, near the door. I was near the farther end; there was no other person in the warehouse but him and I. Soon after, a person halloed to me, and said, Your piece is gone. I looked up, and saw the prisoner was not in the warehouse.

Abraham Emanuel . Last Tuesday was seven-night I was crying old clothes in the city. I saw four or five fellows run past Mr. Saxby's door, and one go in and take a piece of linen or cotton, and give it to another. I was on the other side the way, and his back was towards me. I do not know who it was.

Prosecutor. This evidence did swear before Mr. alderman Crosby, that he did see this prisoner take the piece of cloth.

Q. to Emanuel. Did you give such an account before the alderman?

Emanuel. I can't tell, because I have got a great family.

Q. Would your having a great family cause you to forget what you saw so lately?

Emanuel. Yes, sometimes.

W. Lovit. I was at work in my master's shop in Gutter-lane. I heard this Jew cry out, stop thief! I ran out. He said, There he goes, that is he, pointing to the prisoner. I ran; the cloth lay on the ground; I trod upon that, and followed the prisoner into a court; there I took him. I brought him back to this Emanuel; the Jew. He told me, he saw the prisoner take the piece of cloth out of Mr. Saxby's shop. The prisoner said, he was not the thief. The Jew said, You are the thief; I saw you take it out, and give it to another man at the door.

Q. to Emanuel. You are sworn to tell the truth; declare it as you ought to do.

Emanuel. I can't say I saw the prisoner's face when he took it.

Q. Was this the man that took it, upon your oath?

Emanuel. I do not know.

Acquitted .

166. (L.) James Smith was indicted for stealing a leather shoe, called a pump, value 10 d. the property of James Hale , Feb. 19 . ++

James Hale . I am a Shoemaker , and live in Cow-lane . I was not at home the time this happened.

John Langden . On the 19th of February, a little after ten at night, I was going from Snow-hill to my own house in Cow-lane. The prisoner was walking just before me. When he came to Mr. Hales's window, he took a pump from the grate, and clapped it under his waistcoat, near the waistband of his breeches, on his left side, and was walking on: I was within a yard of him. I collared him directly, and said, You rascal, how came you by that pump? He said, he did not take it. I took him back to Mr. Hale's house. He had not gone with it above three or four steps. (Produced and deposed to.)

Prisoner's Defence.

I was going up Snow-hill; I saw this pump lying on the ground. I picked it up. I had not gone far before that gentleman laid hold of my collar, and took me back to the shoemaker's, and they took me to the Compter.

Eliz. Tucker. I live in Aldgate High-street , to assist a sister, and brother that keep a public house. I went into the club-room, that joins the tap-room, on the eleventh of January, in order to make up a fire to go to ironing. I heard a great ratthng at the sash in Harrow-alley: I went out at the door, and found that sash up. I missed the things; they were in a great earthen dish; the dish was gone also. I called out, I was robbed. The two prisoners were soon taken, and the things and dish brought back. (Produced in court.) They are the property of a gentleman, but were in my custody, and I was accountable for them had they been lost.

George Bunn and John Bruit pursued and took the prisoners with the things upon them, about three hundred yards distant, at the top of Aytiffe-street, and brought them back again. They immediately confessed to the taking the things.

Blunder in her defence said, she and Gould were together. They saw the sash open, and she went in and took the things.

John Powell . I am master of Blackfryars workhouse . The prisoner was in the work-house, and trusted to wash the people's linen: the things they wear are my property. The things laid in the indictment, and more, were missing. I suspected and charged the prisoner; she confessed she had pawned them, and directed me to the pawnbroker's. I have got all again, except one handkerchief.

John Miller . I am a Weaver , and live in Milk-street, Cheapside . On Monday last, about ten minutes after two o'clock, I was at dinner. I had sent a little girl for some beer: she, on coming in, said, she met a woman with some bottles in a tub, coming up out of my cellar. I went out, and there was the prisoner. She had them in a tub with which she cries about for kitchen-stuff. I desired her to bring them back; there were thirteen of them. She said, she had bought them of a servant. She would not go back for some time. She persisted she bought them. I sent for a constable: then she began to cry, and fell on her knees, and implored mercy, and acknowledged the fact. She said, she was necessitated to go down into the cellar to make water, and the D - l tempted her to steal the bottles. That door is usually open in the day-time.

Prisoner's Defence.

I buy old glass bottles and hare-skins. I bought these of an old clothes woman in Coleman-street, for a shilling.

172. (L.) Matthew Martin was indicted for stealing five silver table-spoons, value 3 l. a silver pint mug, value 4 l. a silver pap-spoon, a silver marrow spoon, a silver pepper-castor, a silver punch-ladle, a pair of silver tea-tongs, and a silver half pint mug, the property of Richard Potter , in the dwelling-house of the said Richard , Jan. 1 . *

Richard Potter . I live in Pemberton-row, Gough-square , and am a Musical-instrument-maker . I lost my plate on New-year's-day in the evening, out of my house; the things laid in the indictment, (mentioning them) and a considerable number of other things. I was not at home at the time.

Mary Hudson . I am servant to Mr. Potter. On New-year's day, about eight at night, or a few minutes after, I heard a noise in the house. I went down and saw the doors open. I then went and looked in the parlour, and found all the place was gone. I went and called in neighbours to search the house, but we found nobody in it.

Nicholas Bond . On Friday seven-night in the afternoon, a gentleman came to me, and asked me, whether or not there were some people in the information about the coiners, that were not taken? I could not inform him. I took him to the justice: he made information against the prisoner's wife and one Morris. He imagined the prisoner to be Morris. There was a warrant granted. He said to me, You must use some stratagem, or you will never get into his house. There is a door to go in under an arch-way, and when people knock at the door, he looks out at a window and fees who it is, before he will let any body in. I made up a piece of paper in the form of a letter, and sent Mr. Taylor with it as a porter. I said, Knock at the door, and if he looks out, tell him there is a letter for him. Mr. Taylor went and knocked at the door: the prisoner looked out at the window, and asked who was there. Said Taylor, Sir, is your name Martin? He said, yes. Said Taylor, I have a letter for you. The prisoner came and unbolted the door, but it was fastened with a chain, so that it opened about nine inches. I put my knee in, and said, Mr. Martin, open the door. He would not for a long time; but at last he did. I went in, and up stairs, and in searching on the top of a shelf in a closet, I found this plate, all but the milk-pot and tea-tongs. (A silver half pint, a silver pint, a silver pepper-castor, a milk-jug, a punch-ladle, five table spoons, tea-tongs and boat, produced in court.) The others I found in the house.

Prosecutor. These I believe to be my property. Here is a private mark which I made myself on the half pint. I don't absolutely swear to the spoons; they have taken the cyphers almost out. I have one here which matches with them, which they did not take, which makes the half dozen complete. Here is a bruise on the milk-pot, by which I can swear to that. I can swear to all but the spoons; and I believe them to be mine.

The prisoner said nothing in his defence.

For the Prisoner.

Robert Lee . The prisoner sells watches and things. I have known him nine or ten years. I am a peruke-maker, and live at Marybone. On the 15th of January last, I carried him home a new wig, between ten and eleven in the forenoon; he lived on Millbank, Westminster. There was a man they called Arnold, and a good deal of plate on the table, and a pair of scales and weights. There was a pint pot, a half pint pot, some spoons, some foreign pieces of silver, and broken buckles. This person they called Arnold, asked five and eight-pence an ounce for it. Mr. Martin said, it was too much. At last they agreed for five and six-pence, and Mr. Martin paid him the money upon the table. Then I tried the wig on, and he paid me for it, and I gave him a receipt. I was served with a subpoena to come here. He paid me a guinea for the peruke; and I believe he has the receipt in his pocket now.

Q. Did you know that Arnold before?

Lee. I believe I have seen him before. I did not then know his name; but when he was going away, the prisoner said, Mr. Arnold, I wish you a good morning.

Q. Did you ever make him a wig before?

Lee. No.

Q. to Bond. When was the prisoner taken up?

Bond. He was taken up on the 9th of February.

Lee. The prisoner and I frequently drank together. I have known him in all parts of the town,

Ann Brook . I live in Graston-street. Arnold lodged in my house. I don't know where he is now. He said nothing to me when he went away. I think it was to-morrow it will be a fortnight, somebody came from Mr. Martin; then he went away.

William Fearn . I live in Holborn. I spent my evening on New-year's-day, at the White-horse in White-horse-alley. I went there about six, and staid till ten. Mr. Martin was there; I remember he had a pint or two of beer before I came in. He staid there all the evening, as long as I did. He might go out to make water, but I don't remember missing him. I think he went when I did, and took his leave of me at my door, at ten, or a quarter after; I remember it by being come home from Birmingham on the day before.

Q. Was you not sent for before Sir John Fielding when the prisoner was examined?

Fearn No.

Q. to Bond. Was you present before Sir John when the prisoner was examined?

Bond. I was. Sir John asked him, how he came by the plate? He made no answer. I found some watch-cases in a desk at his house, and a gentleman has seen them since, and owned them.

Q. How did you find out this prosecutor?

Bond. By a hand-bill from Goldsmith's-hall, that he had had dispersed about. I could perceive the spoons had cyphers on them, but were in part filed out, which made me suspect the plate was stolen; so I brought that and the prisoner away together. When he was examined about the plate, he did not mention a word about buying it of Arnold; neither did he mention being in company with this last witness. All he said was, he desired Sir John would discharge the woman that he lived with: he said, she knew nothing of his affairs.

Q. to Prosecutor. Did you at the prisoner's examination declare the time you lost the plate?

Prosecutor. I did; and that in the prisoner's hearing.

Jos. Lucas. I live in Litchfield-street, and am a watchmaker. I have dealt with the prisoner nine or ten years; he dealt in Lancashire movements. He did live in a court opposite Tavistock-chapel; and the last place I knew him at, was near the Middlesex-hospital, at Marybone. I always believed him to be a very honest man.

William Edwards . I am a watch-maker; I have known him above seven years; he has the character of a very honest man.

Abel Ponshaw . I am a watch-maker, and live in Cross-street, Carnaby-market. I have dealt with him for Lancashire movements between eleven and twelve years. I always found him an honest just man.

Richard Ash . I live in Blackman-street, in the Borough. I have known him upwards of two years. I have sold by auction for him two hundred pounds worth of goods, household goods, watches, plate and jewels. I have bought and sold two or three estates for him. I never heard any thing bad of his character.

Edward Phipps . I am a tallow-chandler. I have known him, about three years. He is a very honest sober man.

Francis Crook . I am in the rum and brandy way, and live at Poplar. I have known him about six months. I never heard a bad character of him.

Edward Brian . I deal in coals. I have known him four years and a half. He has a very good character.

Robert Segrave . I am a watch-maker, and live at No. 45 in Gutter-lane. I have known him about ten or eleven years. He is an honest fair dealing man.

James Law . I am a jeweller, and live in Charter-house-square. I have known him about seven years. he is a very honest man.

John Paterson , Esq; I lost the things laid in the indictment. I suspected the prisoner; he was my servant : I took him up, and charged him. He confessed before Sir John Fielding he had taken and pawned them. I found them accordingly.

Timothy Parker , a pawnbroker, produced the things, which he deposed were pledged to him by the prisoner. The prosecutor swore to them as his property.

James Edwards . I am a butcher , and live in Whitechapel. I came home from money-gathering on the 6th of January about nine in the evening. I went to the Coach and Horses in Whitechapel; there was the prisoner and another woman with her; they asked me to drink; after I had drank, the prisoner asked me to treat her with a dram: I told her I had no money. She asked again; I told her, if she would get me change for a guinea I would treat her with a dram. I gave her a guinea; she went and brought some change, but it was not right; she said it was: I said it was not. I never minded it but put it in my purse.

Q. Had you been drinking before?

Edwards. I had had two glasses of brandy and part of a pint of hot. I was a little in liquor, but not much. She saw I had other money in my purse. I came out there, and was going home; she followed me, and said she wanted to speak to me. I went up Petticoat-lane as far as Boar's-Head yard, and up into the yard. She began fumbling about my breeches: then she said, There is somebody coming: then she went away about a couple of yards and came directly. After some little time she said again there was somebody coming, and ran to the corner of Petticoat-lane: as soon as she got to the lane, I clapped my hand to my pocket and missed my pocket-book; then I felt in my breeches-pocket and missed my money.

Q. What money did you lose?

Edwards. In all it was 20 l. 6 s. 10 d. It is impossible to tell what species of money it was, I had some at one house and some at another, and gave change at some places. I know I had fifteen guineas, two moidore, two half guineas, a six-and-ninepenny piece, and two quarter guineas. I ran to the corner of Petticoat-lane, and looked about Whitechapel, but could see nothing of her. Then I went to the Three Jolly Weavers; there I found her and the other girl. I took her to the Coach and Horses, and told her she had robbed me. She said she had not seen me, and had never been out of the Coach and Horses with me, and had just then come from the Coach and Horses. I know I had my money in my pocket after I got to the corner of Petticoat-lane. Nobody came near me but she.

Q. What pocket was your money in?

Edwards. It was in my right hand breeches-pocket. I will not say the pocket was buttoned. I never got a farthing of it again. She never owned it.

Prisoner's Defence.

He came in at the Coach and Horses, and asked me if I would drink part of a pint of purl: after that he asked me to drink a dram of gin. I would have rasberry. He gave me a guinea to change. I got change and gave it him. He said he lived with Mr. Matthews, a butcher. He went out and came in again, with his face all over mud, and said he believed I had robbed him. He knocked me down. I asked what he meant by that; he insisted upon my being searched. I was searched by a constable, and nothing found upon me.

Henry Briggs . I am a carpenter , and live in Bermondsey-street on the other side of the water. My saw was taken away when I was not at home, last Wednesday was seven-night.

Thomas London . Last Wednesday seven-night I saw the prisoner going along Fifth-street; he went by the Old-Change, and into a building, and come out again, and bring a saw out from the prosecutor's work. I ran and catched hold of him before he got into St. Paul's church-yard. He said, Pray, sir, forgive me, for I never did such a thing before: he had the saw under his coat. (Produced and deposed to.)

Prisoner's Defence.

He never saw me take the saw at all.

Guilty 10 d. T .

176, 177, (M. 1st.) JOHN YARDLEY and Thomas Tipping were indicted for stealing two live hens, value 3 s. the property of John Gyant , Feb. 17 . ++

John Gyant . I am a labouring-man , and live at Edmonton . On the 16th of this instant, I saw the two prisoners loitering about my house; the next morning I missed two hens, which I had seen just before they went to roost.

Henry Lowe . I live at Edmonton. I was going with a cart and some potatoes to London, last Saturday. The two prisoners desired I would let them put two baskets up in the cart. I let them. When we were come on about a mile and a half, I being in the cart, put my hand on the baskets, and found there were fowls. I took my horse and rode on to Shoreditch, and got a constable; he brought a watchman. Then it was six o'clock; they were then at the White Hart at the Stone's end; I gave charge of them. We found two dozen of fowls in the baskets. The prisoners said they bought them of two waggoners at Edmonton. I met one Mr. Pigot at Newington, who told me he had lost some; he went and looked at them, and said he could swear to several of them.

Prosecutor. Two of them hens were my property; I saw them at justice Girdler's.

The prisoners in their defence said they were coming to London, and met with a man at Endfield-wash, of whom they bought the fowls for 20 s. 6 d.

William Brownsell and Hannah Warden appeared for Yardley, and said he traded in fowls, and they used to look upon him to be an honest man.

James Mitchelson and Charles Griffin said Tipping dealt in fowls, and they never heard but that he was an honest man.

Both guilty . T .

178. (M. 1st.) William Warrecker was indicted for making an assault on Elizabeth Alderman , widow , on the king's highway, putting her in corporal fear and danger of her life, and stealing from her person a black sattin cloak, value 5 s. and a quarter guinea, her property , Feb. 4 . +

At the request of the prisoner the evidences were examined apart.

Eliz. Alderman. On the 4th of this instant, about a quarter past five o'clock, I was coming along the highway in the King's-road, between Bloody-bridge and Osenburg-row , from a place called Sandy-end, Chelsea. The prisoner came up to me, and said, Madam, your money. I said, Sir, I have a five and three-penny piece; I will give it you as fast as I can. He said, if I did not give it him immediately, he would knock my brains out. It was light enough to see him, I could see him very plain. I took a nutmeg-grater out, in which the money had been, but I found it open, and the piece of money was loose in my pocket. While I was feeling for it, I had a little girl, named Elizabeth Higgs , with me. He took her cloak and all the money she had, which were only halfpence. I gave him my five and t hree-pence as soon as I could find it. Then he took my cloak, (a black sattin one) and threatned me to make haste. Then he went away over a broken place in the bank.

Q. Had he any weapon?

E. Alderman. He had a large stick, which he held up, but never struck me. He had a kind of a drab-coloured coat on, and the same kind of a wig as he has on now. I am as sure of knowing him, as I am of knowing any man.

Eliz. Higgs. I shall be sixteen years of age the first of May. ( She exactly confirmed the account given by Mrs. Alderman.)

Nicholas Bond . Mrs. Alderman having given information before Sir John, of being robbed on the 4th, and Mrs. Baker gave an account she was robbed on the same spot on the Thursday following; and I think another woman, who lives in Tottenham-court-road, was robbed near the spot. The man being described, Sir John Fielding sent me. I took a constable and another person with me on the Friday evening. When we came to the turnpike on the other side Buckingham-gate, I sent Mr. Taylor to keep about an hundred yards before me; and if any thing should happen, I would be up before he was attacked. Going on, I met the prisoner. I said to the person with me, I believe that is he that is gone by. I observed he had a stick under his arm. We went to the other end of the field, where I had ordered Mr. Taylor to wait. Then I told him, I believed I had met the man. We went back again. When we came near the spot where I met him, I saw a man's head looking just over the bank. I took no notice to them with me. I jumped over the bank, and saw his full body. He was leaning against a bank, looking over a hedge about five yards from me. I went up to him and said, What do you do here? He made no answer. This was about seven in the evening; it was a moon-light night. I called the others to me, and ordered them to hand-cuff him. At last he said, he was easing himself. He had this stick in his hand. (Producing a large broomstick.) It was the prisoner at the bar, I took him before Sir John Fielding .

Richard French . I am a wheelwright , and live at Hesson . Last Friday morning I found my shop had been broke, and I missed the things laid in the indictment. I had a suspicion of the prisoner, he having before borrowed some of these tools of me. He is a carpenter . I went to his house at Harlington, and there I found some of them in his work-shop, and some he owned he had buried under ground, and he himself dug them up. ( Produced in court, and deposed to.)

Moses Pocock , journeyman to the prosecutor, who was at the finding the tools again, deposed the same as the prosecutor.

Prisoner's Defence.

I got up in the morning, and saw the tools lying in a back-house of mine that was open. I took some of them into the shop, and some I covered with a little ground.

Guilty . T .

180, 181, 182, 183. (M.) Matthew Kennedy , Patrick Kennedy , Michael McMohan , and John Evans were indicted, for that they not having the fear of God before their eyes, but being moved by the instigation of the devil, on the 24th of December , on John Bigby , of malice aforethought, did make an assault; the said Matthew, with a certain iron poker, value 6 d. which he had and held in his right hand, on the hinder part of the head of him, the said John, feloniously, wilfully, and of malice aforethought, did strike and beat, giving to him on the hinder part of his head, one mortal bruise, wound and fracture, whereof the said John Bigby did instantly die, and the other three prisoners (together with one Stephen Grant , not taken) were present, aiding, helping, abetting, comforting, assisting, and maintaining him the said Matthew the said wilful murder, to do and commit .

They all stood charged on the coroner's inquest for the like wilful murder. *

The witnesses were examined apart.

George Mallard . I keep a public house in Wood-street, Westminster. On Sunday the 25th of December all four of the prisoners, and one Grant, came together to my house, between five and six o'clock in the evening: I knew Grant: the prisoners I knew nothing of. They called for liquor: I served them. They drank plentifully. I was backwards and forwards in my business. After they had drank their liquor they came out of the room where they had been, into the tap-room.

Q What time was this?

Mallard. I take it to be something after nine. By what means I cannot say they began to jostle one another, and make a sort of a riot; Grant was thrown down. I went to assist him and got some ugly knocks from some of the company; I cannot say which of them. There was Robert Wadeson and Thomas Bliss there at the time. The prisoners took away my poker from my house; I cannot say which took it; I saw one of them take it up, but, in the confusion, cannot tell which. I have seen it since, and know it very well.

Q. What liquor had these five persons?

Mallard. They had two half pints of brandy, a pot of beer, a paper of tobacco, and four half-crown bowls of punch. They behaved very honourable: they paid me for the liquor before they had it in.

Q. Were they in liquor when they went away?

Mallard. They certainly were. They went something after nine o'clock. I did not go a yard from my own house after them.

Cross-Examination.

Q. Were they sober at coming in?

Mallard. I believe they were perfectly sober. They behaved like gentlemen, and had a room to themselves, and behaved quite peaceable. This affair of their riotous behaviour was in a quarter of an hour, just before their going away.

Q. Did you know either of the prisoners before?

Mallard. I do not know, to my knowledge, that I had ever seen any of them before. Grant had used my house before.

Robert Wadeson . (A Black).

Q. How long have you been in England?

Wadeson. I have been in England about twenty-six years. I am servant to a gentleman. On Sunday the 24th of December, I was at the house of Mr. Mallard drinking a pint of beer with an acquaintance. There came the four prisoners, and another man named Grant, out of another room where they had been drinking, into the tap-room. They began to quarrel. Patrick and Grant fell down; they got up again by the assistance of the landlord and somebody in the room. They wrestled again, and Grant gave Kennedy a fall; the landlord went to pull Kennedy off Grant; the others fell upon the landlord: my acquaintance said to me, Robert, we will go away, here will be nothing but quarrelling. As I was going out, I said, That is the landlord, don't hurt him. Then they struck me. They were all five upon me.

Q. How long were they in this quarrelling way?

Wadeson. About a quarter of an hour. They tore my shirt off my back. I remember seeing the landlord down and all five upon him in the tap-room. I ran up stairs to call a brewer's servant who was coming down. I cannot say I had a blow from any one in particular; they all struck at me several times, They said one to another, at last, Get your hats and run as fast as you can, at their going out.

Q. What time was it when they went out?

Wadeson. This was, as I imagine, half an hour after nine.

Q. Had they any sticks in their hands at going out?

Wadeson. I cannot say I saw any.

Cross-Examination.

Q. Who do you live with?

Wadeson. I live with Mr. Blunt in Abingdon's Buildings.

Q. Did you know the prisoners before?

Wadeson. I knew nothing of them before.

Q. Were they wrestling together by way of diversion?

Wadeson. I really do not know that; my companion did imagine it was a kind of roguish motion among themselves to make others fight.

Q. Were they not in liquor?

Wadeson. I cannot tell whether they were in liquor or not.

Q. Had the landlord used either of them ill?

Wadeson. No. He went to assist Grant, who was underneath, and that he would have done to any of them in that case, in his own house.

Ann Cotterell . I am servant to Mr. Mallard. The prisoners are like the men that were at our house, but I cannot swear to any of them. They came in about candle lighting, and staid there till about nine o'clock. They had been drinking in a room. They came out there to the bar. Three of them went out at the door, and the other two came to the bar and insisted upon having more punch; master refused letting them have it. One of them said, Let us have a guinea's worth of punch, and laid half a guinea down. Said the other, I'll cover it. One of them took the half guinea up, and he that put it down challenged another man with it. Said he, I have not got it. Then the other answered, I have got your half guinea. They threw the plaisterer down: his name is Grant. My master went to take him up. (I was backwards and forwards, not in the tap-room all the time). I did not see the whole. They got hold of a man in a white waistcoat: they all struck at him: three of them got beating the black with sticks. They were very much in liquor, but yet they had sense enough not to strike one another.

Q. When three of them went out at the door, and the other two wanted to have more punch, how long did they three stay before they came in again?

A. Cotterell. The were not absent above five minutes. They all quitted the house about a quarter after nine. They said, Take up your hats and run; and when out of the house they cried, Go your length. I saw one of them have the poker in his left hand as he went out. I cannot swear who took it. Their dress is altered, and I was too much frightened to recollect them. One of them, I remember, broke his stick, and that was the reason, I believe, that he took up the poker.

Cross-Examination.

Q. What did they mean by that expression, go your length?

A. Cotterell. I cannot say I ever heard that expression before. I do not know what it meant.

Q. Did you see your master down?

A. Cotterell. I was in the kitchen when he was knocked down. They knocked the things about in the house in shoving one another about; two of them laid hold on the black, and they beat him. I thought they were only joking when Grant and the other were wrestling. I saw one of them wring my master by the nose.

Q. Had Grant used to use your house?

A. Cotterell. He did on Saturday nights. I saw Grant strike my master.

Q. Was it Grant that had the poker?

A. Cotterell. No, it was not. Grant had white clothes on, and the man that had the poker had not.

Q. Was it Grant that wrong your master's nose?

A. Cotterell. No, it was not. That was a man that had a white coat and red waistcoat on. Grant had not a red waistcoat. It looked to me, by the candle, to be a white coat.

John Atkinson . I was coming along Wood-street about nine in the evening, or a little after, on the 24th of December. The first person that I saw was a brewer's servant coming out at the door. He reeled as he came out. I thought he was in liquor: his head fell forwards, and a great quantity of blood fell from his head immediately. He fell against me. I put my hand out to give him assistance. When I got him by the arm, I supposed him. I believe, the space of half a minute. I said, Are you hurt? he made me no answer. Before I could turn myself round somebody struck me across my shoulders. I turned round immediately and saw a man at the door which struck me. I immediately made an attempt to run away. (What became of the brewer's servant I do not know). I fell with my shoulder against a post near the door. There came a blow upon the post; I suppose it was aimed at me. I got up and ran a hundred yards; a man followed me with a green coat and red waistcoat trimmed with gold or silver. He d - d my blood twice, and said, Where is my hat? It was pretty dark: the way I turned was the means, I believe, of my escaping. There were only two lamps. I do believe that man was Patrick Kennedy , but I do not swear it. I did see something in a man's hand with a light coloured coat that I thought to be a cane, it was something bright in his hand. I was at the door with the brewer's servant before these gentlemen came out.

Thomas Bliss . I am a brewer's servant. I was at Mr. Mallard's the 24th of December in the evening. I remember seeing the four prisoners there; there were five in the whole. I came to the house about nine, and was in the tap-room; the prisoners were then in another room. I had not been in the house above ten minutes before they all five came into the tap-room. They began first of all throwing money about: they wanted half a guinea's worth of punch. The landlord desired them not to have any more. They threw some money upon the table, saying they would be half a guinea a-piece and have a guinea's worth of punch.

Q. Were they sober or in liquor?

Bliss. They might be a little in liquor; I believe they were. They wanted to lay the half guinea that was put down upon a coachman, that he had taken it up. I saw one of them take it up. Upon my saying I saw such a one take it up, the man that put it down asked the other if he took it up; he said, Yes, he did take it up, and it was all one between you and I after that, Kennedy, and the man not taken, named Grant, began hustling and wrestling: they had fall and fall in the house. Mr. Mallard hearing a noise, begged of them to be quiet, and not to have any disturbance: he strove to help Grant up, who was upon the ground, and they fell upon him. I seeing him so used, came to his assistance. I pulled one of them off him; and they fell upon me with their sticks as hard as they could; one and all fell upon me. I received several blows with sticks. I had one tooth knocked out of my head: I had one terrible blow on my head. The blows came so fast that I cannot swear to one man more than another. They continued in that manner upon me about two minutes. I had a blow upon my head that drove me into the passage, and I then got out at the door. There was a gentleman met me as I got out at the door. I did not know him, but he knew me again, and told me of it. My head bled much.

Q. Do you remember the gentleman laying hold of you?

Bliss. I do not. I gave a snatch away, as he told me, and got away, and saw no more of them. By all accounts they followed me out; but I cannot tell they followed me in particular.

Cross-Examination.

Q. Where was the money thrown down?

Bliss. It was thrown down upon the table.

Samuel Vincent . On Sunday the 24th of December I saw the two prisoners, Patrick Kennedy and Matthew Kennedy in Old Palace yard, I can't justly say the time of night; it might be about nine o'clock; they were facing the Ship alehouse. I was going home towards Wood-street. I saw a mob; there might be seven or eight people of them. One of them in a brown coat, asked me if I wanted to rob him? I said, No. Another in blue, with a laced waistcoat, said, Let the lad alone. No, said he, I shall not let him alone; and held up a piece of iron, as I took it to be, and went to hit me. I slipped on one side towards the Ship alehouse door, and the man belonging to the alehouse pulled me into the passage. There was a coachman stood with a coach facing the alehouse door; he said, Gentlemen, you had better go about your business; and one of them struck him. There was a stone-mason at the door was knocked down by some of that company; with a cane with a brass-coloured head; the man that struck him I took to be in a blue coat and a laced waistcoat: then they made off towards the bridge, and I went home.

Cross Examination.

Q. Was it light where you saw what you thought was iron?

Vincent. It was not very light there.

Q. Whether the coat was green or blue?

Vincent. The man that had this iron, I think, had a brown coat on. There are not many lamps there.

Q. Whether you formed your notion of the colour of the coats and the bit of iron at that time, or by the conversation you have had with the other witnesses since?

Vincent. I formed my notion at that time. I went home, and told the same then at home. If I had thought this thing would have happened, I should have taken more notice.

Q. Is there a lamp at the Ship alehouse?

Vincent. There is; and another at the next door but one: but I don't know whether the lamps at the new building were up then.

Q. Whether the brown coat was a furtout coat?

Vincent. I think it was not.

Q. Do you know Grant?

Vincent. I do; he works for my master: my master is the king's plaisterer.

Q. How did they appear in regard to liquor?

Vincent. I think they were in liquor; but I think not so far but they knew they were doing good or evil.

Geo. Lucas . I am a coachman to Mr. Tompkins in St. Paul's church-yard. I can't swear to all the prisoners, but I saw Patrick Kennedy . On the 24th of December I was in Westminster, near Westminster-hall, to see my brother. I staid from five till nine. I was in Old Palace-yard; there I saw five men making a riot, with sticks in their hands, playing about. I know Patrick Kennedy was one. Two or three of them came up to me and said, D - n your eyes, what are you? I was just by the Ship alehouse. Gentlemen, said I, I don't interrupt you in the least, why should you me? let me go home about my business. One of them said, D - n him, he is a servant, let him alone. There was a young man named James with me, he is a groom; they struck at him with a stick. There was another man came out of the Ship alehouse; they knocked him down. One of the company came up to strike me. I held my hand up, and put the stick off. The man fell backwards, and I upon him, and as I was getting up from him, another of the same company took me a blow on my head with a stick. I went to the Ship and got my head washed with some gin. It was cut to the skull. When they hit me that blow they ran away. After my head was washed, and I came out, two of them were taken; the constable or watchman was leading them down Westminster bridge. I saw one of them knock the man down; whether there were two or one there I cannot say. I left them then and went home. I swear to the knowing only Patrick Kennedy.

Q. How long after you received the blow was it that you saw the man in custody on Westminster-bridge?

Lucas. It might be about a quarter of an hour after that; that was at this hither end of the bridge. As soon as I saw the man fall, I ran after the man.

Q. What do you think as to the other prisoners?

Lucas. These are like the persons; they looked like men of that size; but they were then in different dress.

Q. Do you imagine the man you saw fall was the man that was killed?

Lucas. No, I imagine it was the constable of the night; I saw his lanthorn fly out of his hands. There were then many people gathered together; one of the men had boots and spurs on, he was in blue and gold; the other, when taken, was in a brown coat.

James Rowlinson . I am a stone-mason. On the 24th of December I was at the ship in Old Palace-yard: about nine o'clock we heard two boys cry out in the street. I went out to see what was the matter. I said, Gentlemen, what is the matter? and instantly I was knocked down. I saw these four gentlemen at the bar, they had been beating two boys.

Q. Who knocked you down?

Rowlinson. I was knocked down by Matthew Kennedy . I lay some time in the street. (He shewed the mark on his forehead. ) There came another man, named Samuel Peirce , out of the house, to take me up. They gave a blow at him, and he catched the blow with his hand. He went into the house to get something to defend himself with, and when he came out again, they were gone. When I recovered myself and got up, we ran after them, (I had lain for dead some time ) we ran up towards Westminster-bridge; walking up the bridge, we met the two Kennedys coming down again. Peirce said to me, James, there is the man that knocked you down. I said, It is he. I made a push at him to catch him; I missed him; then they ran down the bridge. As they ran along they knocked another man down, that was just at the foot of the bridge. My partner ran after them; they ran down Parliament-street, and I ran down Channel-row. They turned down Darby-court, and at Channel-row he knocked Patrick Kennedy down, and took him there. He called out to me and said, Halloo, here is the other, here, in Darby-court. I ran in there and took Matthew Kennedy . We took them to the watch-house. They struck me with a stick, but they had nothing in their hands when we took them, I did not see the other men after that night.

Cross Examination.

Q. Whereabouts on the bridge were the two brothers when you saw them?

Rowlinson. They might be about half way up the centre when I saw them first there.

Samuel Peirce . I am a stone-mason. On the 24th of December I was at Mr. Quick's house, the Ship in Palace-yard, between nine and ten at night, drinking a pint of beer along with James Rowlinson . We heard a sad noise at the door. Mr. Quick's little boy went out, and came in again, and said, there are a parcel of men beating Mr. Clark's apprentices. We went out to see, and he was soon knocked down with a stick about a yard and a half long, with a metal head, by Patrick Kennedy . I went to take his part, and he struck at me twice, and I catched the blow with my arm. There were five men of them all together: I got close to the wall, and went in for a stick to defend myself. My landlord would not lend me one. I got a broom, and got the broom off the handle, and went out after them.

Q. Did you know the Kennedys before?

Peirce. No, I did not. (He pointed them both out as they stood at the bar.) They were all in arms as soon as my partner was knocked down. They had all something in their hands, I cannot tell what. This might last about seven minutes, as near as I can say. My partner got up, with the blood running down his face; we followed: I went a little way down George-street, and then returned towards the bridge. We met the two Kennedys coming down the bridge arm in arm: I said, James, there is the man that knocked you down; he went to take him, but missed him. They knocked the constable down, as I understood, after that. I saw the two Kennedys running down Bridge-street; I followed them down Parliament-street: there had been paving in Channel-row, and they were puzzled which way to go. I made up to Patrick Kennedy , and tripped up his heels, and he fell in the mud. I hallooed to my partner, and he took the other brother: we tyed them both together, and had them to the watch-house by St. Margaret's church.

Q. How long might this be after your partner was knocked down?

Peirce. I take it to be about a quarter of an hour; after that Patrick Kennedy said he had lost his watch and twenty guineas; and when he was in the watch-house, he said he had lost his watch and two guineas.

Cross-Examination.

Q. What became of the other three?

Peirce. I imagine they all five went away together.

Q. How long might you be in taking the brush off the broom-stick.

Peirce. I might be three or four minutes.

Q. Could you see the persons that knocked your partner down?

Peirce. There is a lamp near there; but that place is not so well lighted as it is near Abingdon Buildings.

Q. Are you sure you know the two brothers?

Peirce. If they were differently dressed ever so, I can swear to their faces. Patrick Kennedy had a gold laced waistcoat on, and a coat almost the colour of mine; the other a brown coat.

Q. Had they any thing in their hands when you met them?

Peirce. No, I met them just at the bridge-foot. I swear to none but the two Kennedys. I cannot remember the faces of the others.

John Quick . I keep the Ship alehouse in Old Palace-yard. On Sunday the 24th of December, about half an hour past nine o'clock, the prisoners at the bar came before my door. I know the two Kennedys particularly: as for the tall Kennedy, (that is Patrick) I swear to him; he knocked two men down at my door. I and my wife were obliged to go from my door into the house, or we must have shared the same fate.

Q. How many were there of them?

Quick. There were five of them. The fifth person went from them at my door, and went down Abingdon Buildings; that was Grant. My boy was going over with a couple of pots of beer to one of my customers. He came in again and said, Uncle, Uncle, here is mischief going forwards. These men that were knocked down at my door, came out with nothing in their hands; that was Rowlinson and the coachman, named Lucas. My wife, my boy, and I came out, we got the two men into our house, and dressed their wounds. I saw Rowlinson and Lucas knocked down by Patrick Kennedy ; there was only a post parted Kennedy and me. Then the five men were together; they stood in defiance with sticks against all people that came near them. Two sticks were broke at my door.

Q. How long did they stay about your door?

Quick. I believe they staid about a quarter of an hour in a riotous manner, endeavouring to knock down every body that came nigh them. They made a stroke at me, and the post-screened me, and my wife pulled me into the house. After the mens wounds were dressed, they proceeded after these men to help to take them. I saw the four men turn the corner of the new building to go away towards Abingdon Buildings.

Q. Did you see either of the prisoners after this?

Quick. When I was told they were taken, I went to the watch-house; there were the two Kennedys and another man; one of them said, if I am to be confined, I'll have you confined along with us.

Q. Which are the Kennedys? Go and point them out. ( He points to Patrick, but for Matthew he laid his hand on Evans.)

Quick. Upon my oath I cannot find the other, I am very near sighted.

Cross-Examination.

Q. Which was knocked down first, Rowlinson, or Lucas?

Quick. Rowlinson was.

Q. Were there any lamps near?

Quick. There were two lamps at Mr. Bennet's door, and one at mine.

Q. Can you see best by a bright light or a faint glimmering light?

Quick. By a faint glimmering light.

Q. Does Patrick Kennedy wear his own hair or a wig?

Quick. He is the tallest; he wears his own hair.

Q. Did any of them wear wigs?

Quick. I was not so particular as to observe whether any of the men did. In particular I could distinguish the tall Kennedy's face.

Q. Can you distinguish best by looking to the light, or from the light; as looking towards the window, or with your back to the window?

Quick. I can distinguish best by looking from the light.

George Bracegirdle . I am a lighterman. John Bigby , the deceased, was a bricklayer's labourer ; he lived in Bow-street, Westminster. On Sunday the 24th of December in the evening, he was on Westminster-bridge ; he served that night as a watchman in the room of one Goodchild; he had a red waistcoat and great coat on.

Q. Had he a lanthorn and staff?

Bracegirdle. No, he had not. I came to him on the bridge about a quarter after nine. I was walking up the bridge with him. Coming from the foot of the bridge towards the middle of the bridge, two men came up and ran against him.

Q. Whereabouts on the bridge was this?

Bracegirdle. It was between the second and third porch; I take that to be the second that is shut up; and it was a little beyond that, on the right hand side as you go out of Westminster towards the country. I was close to him when they came up to him.

Q. What was done?

Bracegirdle. They ran up to him and I: one of them had a came in his hand. They had been running before, but they seemed to be out of breath; they were seemingly upon a little run. They both turned about, and one struck me on the head with a cane; the other began to beat Bigby with his hands. Bigby ran backwards and said, YO-I! and called for help a good while.

Q. Had you done any thing to them?

Bracegirdle. We neither of us had said a word to them; we were walking quietly along with our backs towards them. It was the shortest of them that struck Bigby. I have seen him since, and know him again.

Q. Look about, see if you see him.

Bracegirdle. That is the person that struck Bigby, in the blue clothes, ( pointing to Matthew Kennedy) and that is Patrick, in brown clothes, that struck me, (pointing to him.) Bigby ran back, and called for help. There came two more, I can't tell who they were. The tall one was beating of me; after he hit me with his cane he hit me with his hands. The other was following Bigby, and kept striking him at the same time, till the two men came up. One of them had something in his hand. Matthew Kennedy took it out of his hand, and struck Bigby with it.

Q. What sort of a thing was it?

Bracegirdle. The end of it was square: it looked like iron, about a yard long. ( Describing the length of it with his hands) It was round on the other part of it. He knocked Bigby down.

Q. How near was you to him when he was knocked down?

Bracegirdle. I was not near so far from him at that time as I am from you. (Meaning the council, which was not six yards distant) The other of the men came up, and laid hold of me. I then had the came in my hand which I was first hit with: he said, Take it out of his hands and knock his brains out.

Q. Who was that man?

Bracegirdle. I will not pretend to say I should know him. The other two prisoners look very much like the two persons that came up to the two Kennedys, but I will not pretend to swear to them. Bigby fell down flat on his back with his arms open, near me. When I was stooping to pick him up, one of the men gave me a blow over the back with something, I know not what. I had thrown the cane through the bannisters of the bridge. They all made their escape.

Q. Did they all run together?

Bracegirdle. I can't say that. When I got that blow I had not power to help him up, it had hurt my back so. A man came by; I said, My good soul, lend me a hand to pick the man up. He and one of the watchmen belonging to the bridge, named Michael Best , helped him up. We set him on his feet. I led him to the first porch on the bridge; there I sat him down, and stood close to him. He leaned his head against my breast, and said, O George! I am very bad. I observed the blood run down behind his head. Then I heard a noise on the bridge. Somebody said, This is the man that knocked you down; and somebody called, Watch! I said to Bigby. They have got one; I'll go and see, and left him. Then I saw Patrick Kennedy ; the y had hold of him. I said to the constable. This is one of the men that first assaulted the watchman and I. A watchman had hold on his right side, and I took hold on his left. Coming by the Bear at the bridge-foot, he struck the watchman over his forehead, and knocked him down. The watchman got up and went into the house. I could not hold the prisoner alone; he got away, and I went into the house also. Then I went to look for Bigby, and he was gone. Patrick is the tallest of the two Kennedys. I went to Bigby's house, then it was near ten o'clock, to see whether he was got home. I helped to carry him to the hospital. Then I went back, and heard the two brothers were carried to the round-house. I went there, and knew them immediately.

Q. Did you see Bigby's wound?

Bracegirdle. I saw his head shaved, his wound opened very much; he was put to bed.

Cross Examination.

Q. How many watchmen are there on the bridge?

Bracegirdle. There are five; two at each end and one in the middle along with the constable.

Q. Had you done any thing to the two men when they came to you on the bridge?

Bracegirdle. We were walking slowly, and had not said a word to them. They ran against us and passed us, and then turned again and struck us.

Q. How soon did the other two come up after the first?

Bracegirdle. They came up in a very short time: after that they all four ran away, but I cannot say they all went together. I saw two or three run towards Westminster.

Michael Best . I was a watchman on Westminster-bridge. I remember an outcry for assistance that night. I went upon the cry as far as the lower end of the bridge on the Westminster side; there was the constable of the bridge in at the Bear anointing his head. I was on the bridge; between nine and ten o'clock the tallest of the Kennedys was leaning against the side of the bridge, beyond the centre arch.

Q. Can you know him again?

Best. I think I should know him.

Q. Look on the prisoners.

Best. It is hard swearing. I cannot swear to the person. He gave me his hat to slap. I told him I could not do it. Then he said, D - n you give me my hat again. (This was at the third row from the centre). Said he, Unfortunate I am, and unfortunate I shall die. I said, Why do you say so? You seem a little in liquor, go home. He swore d - n me I should go home with him. I walked with him as far as the centre arch; he then said, D - n your blood, neither an Irishman nor a Scotchman will speak to an Englishman now. There were some gentlemen behind; they said, Why should an Irishman or a Scotchman be against speaking to an Englishman? He answered, D - n your eyes, give me a stick, I'll clear the gang-way of you all. Before I got to the bridge foot the watch word was given.

Q. What was the watch word?

Best. The watch word was YO-I. I went to the place as fast as I could, and found the constable that belongs to the bridge dressing his head in at the Bear. There was a mob in the house.

Q. Who were they that answered to this expression of his?

Best. They were three or four well-dressed men.

Q. How do you know it was the tallest of the Kennedys?

Best. I heard the men say he that I saw was the tallest.

Q. Do you think he wanted you to go home with him for protection?

Best. I think he did.

Q. Did he complain of any thing that had been done to him?

Best. No, he did not.

William Shillitoe . I am constable of Westminster-bridge. On the 24th of December I came from the watch-house about a quarter after nine down on the South side the bridge where this unfortunate fellow was knocked down, which was about twenty minutes after nine. I spoke to Bigby: there was a person with him. I said, Will you have a pint of beer along with the rest of the watchman? Aye, said he, I will be glad of it. I had not been gone above two minutes from him when I heard the watchman call out the watch word YO-I! I returned back. This was about four or five lamps from the foot of the bridge, on the Westminster side. The poor man was lying there; I helped to take him up: we set him up against the bannisters. I asked him how he did: I could not understand him. He was taken from thence, and, in about a minute after came one of the Kennedys; he had been over towards the other end of the bridge, and was coming back again. He came and stood by me: there are two brothers of them: this was the eldest (Patrick ). He had boots on and a sort of a green coat. There were people coming over the bridge said to me. That is one of the men that knocked the man down. Said I, Are you sure of that? They said they were, and would take their oath of it. I called him directly. There were two of the watchmen took hold of him. We were taking him down to the watch-house; when we came about two yards from the Bear, there was a sort of a rescue. They gave me a blow on my head. (Showing a diagonal fear about the middle of his forehead about an inch and a half long ). I was under the surgeons hands about three weeks with it.

Q. How far had you taken him when this happened?

Shillitoe. I believe I had got him about thirty yards. There was no moon at that time. I cannot tell who gave me the blow; a man came up and gave it me, and the prisoner got away. I was knocked down. They took me in at the Bear. Howson and another watchman were there at the time. Bigby never watched upon the bridge before that night.

Cross-Examination.

Q. Was you by when the watchman was knocked down?

Shillitoe. No, I was not.

Q. Which of the prisoners is Patrick Kennedy ?

Shillitoe. That is him. (Pointing to him). He seemed to be in a great confusion when he came and stood by me.

Ralph Hewson . I was a watchman on Westminster-bridge on Christmas eve. About a quarter of an hour after nine I heard the watch word given YO-I. I looked round and saw the deceased on the ground. I crossed over to assist him: I asked what was the matter. A man made a snatch at my stick. I put it out of his way, and was knocked down; then I gave the watch word; there came assistance.

Q. Who was it that struck at you?

Hewson. I do not know. He got away; after that the tall Kennedy (Patrick) came back from towards the other side of the water. There were people that said he was one of the men that struck the deceased. The constable took hold of him. I assisted to bring him down to the watch-house. Kennedy and I fell down. The constable went to secure him, and he was struck, and so was I, but by whom I know not. He got away, but was taken again in Channel-Row.

Q. Had you any lanthorns?

Hewson. No, we had not. I saw the two Kennedys in the watch-house after that.

Q. Were they sober?

Hewson. They talked well: they might be a little disguised, but they talked sensible.

Cross-Examination.

Q. Whereabouts was you on the bridge when you heard the watch word?

Hewson. I was on the Westminster side of the bridge, on the left-hand side. I saw Kennedy after that coming from the Surrey side.

Mr. John Dickinson . I am a pupil at the Westminster informary, where the deceased was brought. He was put to bed as soon as possible in the infirmary. I examined his head: there was a very large wound on the back part of his head, and it was swelled a great deal. There was a contusion and a plain fracture appeared; the skull was divided: the man lived about two hours (hardly so much) after he was brought in.

Q. What, in your opinion, was the cause of his death?

Dickinson. He died of that wound he had received; there is no doubt of that. He was brought in between ten and eleven, nearer eleven than ten.

Q. What is your opinion this wound was given with?

Dickinson. I should imagine the wound was received by a blow.

Mr. John Pyle . I am a surgeon. I saw the deceased the next day; and on examining his head I found a large confused wound on the back part, and round about much swelled. On dividing the scalp, the pericranium was covered with extravasated blood, and there was an oblique fracture which extended from the bottom of the us occipitis to the sagittal future of near seven inches in length. On dividing the skull I found the fracture had penetrated both tables, and went down as low as the foremen magnum on the as occipitis; there was a large quantity of coagulated blood covering the whole surface of the brain; and that part of the dura-mater, which covers and contains the cerebellum, was almost full.

Q. Did you think this might come by a fall or a blow?

Mr. Pyle. It was most likely to come by a blow.

Joseph Bigby . I am brother to the deceased. I had this poker at Sir John Fielding 's. (A very heavy in on kitchen poker produced in court ).

Q. How came it at Sir John Fielding's?

J. Bigby. I was informed the father of the two Kennedys brought it there the day before, and had left it at a grocer's in the Strand. Sir John desired him to go and fetch it, and he went directly and fetched it.

Mallard. This is my poker. It used to be in the chimney-corner in the tap-room. I was by when the father to the Kennedys produced it before Sir John.

Q. to Bracegirdle. Look at this poker.

Bracegirdle. That thing was very much like this that the deceased was struck with; the square end was very much like it.

Robert Bigby . I endeavoured to find out all I could. I wanted to find out where Evans lived; I was shewed where he lived: he came to the door; a person with me took hold of him, and said, You are my prisoner. We took him before Sir John who committed him to Bridewell: he made no objection to going with us, and said he expected to be taken. As we were going to Sir John Fielding 's, he said he had wrote upon a paper some of the transactions of the night. After that I found a constable had taken M'Mahon, and he was put in Bridewell.

Matthew Kennedy 's Defence.

I know nothing at all about it.

Patrick Kennedy 's Defence.

We went to take a walk to Westminster-Abbey: we could not see any thing to our satisfaction: we met with an acquaintance of M'Mahon's, and he took us to that house to drink: he asked for a back room and we went in there. After we drank one half pint of brandy we had more. We had beer and three half crowns worth of punch, and a penny worth of tobacco. I wanted them to go home, and said, I would give them a glass at the bar going out. There Grant and I went to wrestling: I threw him down and he me: the people interested among us and we struck at them and they at us. I went out, and M'Mahon went in again for his came: I had neither cane or any thing in my hand. As soon as we came out of Palace-yard, I ran on the Surrey side of the bridge, and came back again, and heard murder cried out. I walked along: just as I was going along they pursued me. They got me into Palace-yard, knocked me down, and took away my hat and four guineas, some halfpence and silver and my watch: they ran off. I got up to run after them; not knowing my way, I got into a place, and was taken there. My brother cried murder, and he was taken along with me. They found neither stick nor any thing on me. They tied both our hands behind out backs, and carried us to the round-house. They brought a chairman along with them while I was in Tothill-fields Bridewell, and wanted me to give them money, and they would not appear against me. I took down directions to a man that used the Ship in Old Palace-yard, and those men could not be found.

M'Mahon's Defence.

On the 24th of December I dined at Mr. Kennedy's house, and we four agreed to take a walk to Westminster Abbey. We met with Grant: we asked him if he would come along with us to the Abbey; he said, Yes. It was so dark we could not see any thing. Grant knowing that public house took us in there, saying there were genteel people used there. Grant said he would have some brandy. We called for half a pint, a tankard of beer, and pipes and tobacco; after that we called for another half pint of brandy, and half a crown in punch. Mr. Kennedy went to the man of the house in the bar: he gave him a guinea, and desired him to give change. He took his reckoning. Mr. Kennedy said to us, Gentlemen, I'll treat you with a glass of shrub at the bar going out. Grant was going past; we all drank a glass each. Grant came into the tap room, and fell to pulling Mr. Kennedy about; Kennedy threw Grant down; Grant made a hideous noise, and said it was not fair, and would wrestle again. There was a black man and a brewer's servant. They came and interfered directly; they both made a blow at us; I was next to the door. I opened it, and Kennedy was the first that went out, and I after him, and the rest of our companions followed us. The house is a corner house, and, instead of turning on the left we went strait on. I missed my cane, and went back for it; the gentlewoman gave it me. I went out to bid them all a good night. When I went out I heard a great noise in Palace-yard. When I came there, there were four fellows came up, and one of them knocked me down; who I do not know. Mr. Grant struck me in the face. I lost my hat some time, and at last I found it in the street. I lost my cane there. I desired Mr. Kennedy to make the best of our way, as their intent was to kill and rob us. We made the best of our way (not knowing our way) to Westminster-bridge. We went under an arch way: we all parted. Mr. Evans and I ran a-cross the foot of the bridge and to Channel-row. As we went round there Kennedy called to me, and said, There is a great mob that way, and you will be killed. We turned back again, and when we can to the foot of the bridge we could see nothing of them. I went thirty or forty yards from th of the bridge; there were four fellows came up, and said, Here is one of the Irish ves: somebody said, By G - d he has but a row escape for his life. The four struck at e one after another. I struggled some time; at last, as they could not knock me down, they made an attempt to take me by the breast: I put my hand out and shoved them off, and got a little wind, and off I set. There was another struck me at the foot of the bridge. I was knocked down. The man which I believe was one of the first fellows that came to me upon the bridge, was the man that made a blow at me: I moved from the blow, and the weapon that he had in his hand having no support, came to the ground. I took it up, and what should it be but this poker. There were fifty or sixty people, more or less, about it. I took it over my head, and turned upon my heel, and off I set as fast as I could, and made my escape, and never made a blow. I went to the Globe alehouse in the Strand, with the poker in my hand. Where did you get this? they said. I said I got it in Bridge-street. John Evans came in and told me Kennedy and his brother were both taken. I said, What have they done? I don't know, said he; there is a man dangerously ill on the bridge, said he. Old Mr. Kennedy and four or five more went to bail them at the Round-house. They came back, and said, they could take no bail. Evans took the poker of me and carried it home.

Evans's Defence.

I am servant to Mr. Kennedy: he is an auctioneer. After dinner I went to take a walk; I went to the Globe in the Strand, it being next to Mr. Kennedy's shop. I called for a pint of beer and a pipe: Matthew Kennedy came in, and presently M'Mahon, when we proposed to go and see the Abbey; we went all four together. When we came to Palace-yard we met Grant; he was acquainted with M'Mahon: he took us to the Abbey, and after that into Dean's-yard. I thought that was not our nearest way to go home. He asked us if we would drink; we agreed to it. He took us to that alehouse, and turned around, and said, What will you drink? A tankard of beer, I said; No, said he, we will not: he called for half a pint of brandy: after the brandy, half a crown bowl of punch: then he began to try which was strongest, by turning of hands. Mr. Kennedy and he went out into the tap-room. I heard a noise. I went; there were Kennedy and Grant on the ground. Grant got up, and then he threw Kennedy. The landlord and a black interfered in the affair: they struck at us several times. As soon as we could get out we made off. I did not know my way very well. People called, Stop thief! after us. They came and stopped some; and some they let pass. I went on. I looked back, and saw the coachman near them. I desired them to come along. I did not know my way home. I saw Mr. Kennedy and his brother going the wrong way, over the bridge. I called to them. I went down a paved alley, I think they call it Fishmonger's-alley, into Channel-row. I went home to the Globe, and left them all. There was old Mr. Kennedy. I asked him if his son were come home: I was told they were not. I went and waited at the door a little while. It occurred to my mind that there was somebody taken by the watch. I went to St. Margaret's watch-house; there I found Mr. Kennedy without his hat and his brother with him: he desired me to go home to bed. I went back to the Globe: M'Mahon was there. I told him the affair: there were four or five of us went in a coach to bail them. I lent Patrick my hat. The bail could not be taken. When we came back, said M'Mahon, I do not know what to do with this poker; I am ashamed to carry it to my lodgings. I took and carried it home. I was playing at cards with my brother when the people came; I desired them to walk in; then they took me, and I was committed to New Prison.

For the prisoners.

James Justice Culvertson . On that Sunday evening I was going towards Lambeth, over Westminster-bridge; I believe it was about ten o'clock; I heard some noise upon the bridge, inclining to the right hand side as I went over. I saw a man dressed in dark-coloured clothes, either black or brown, strike a watchman. He was a large man, something larger than I am. (This evidence was much bigger than the tallest of the prisoners ) He had a slouch'd hat on; I stood within a yard and a half of him. There were a croud of people, and a great noise occasioned me to stop to look. I met that gentleman, named Patrick Kennedy ; he was in light blue; he was coming towards those that were quarrelling.

Q. Do you take upon you upon your oath to say he was not the person that knocked down the watchman?

Culvertson. I can say that. He had no weapon to strike him with; he was coming from Lambeth side towards Bridge-street: I saw him coming just as the man was knocked down, and they cried out murder. It was neither of the other three that knocked the man down, nor none of their size: he was more corpulent and taller than any man at the bar.

Q. How many yards might Patrick Kennedy be from the spot where the watchman was knocked down, when you first saw him?

Culvertson. About fifteen or twenty yards.

Cross Examination.

Q. What are you, and where do you live?

Culvertson. I am a carpenter, and live in Bartholomew-close in the city.

Q. What evening was this?

Culvertson. This was Christmas-eve at night.

Q. What was you going about at that time of the night?

Culvertson. I went to enquire after some better work. Mine was short.

Q. To whom was you going?

Culvertson. I was going to one Jack Pitcher ; he lodged at the Bear and-ragged-staff, near the Old Barge-house *, a journeyman carpenter.

* That Bear-and-ragged-staff is in Christ-church parish, within a furlong of the foot of Black-friars bridge.

Q. When did you see him last?

Culvertson. I had not seen him four or five months before.

Q. How came you not to go in the morning?

Culvertson. I had been to several other acquaintances; I had been at the Globe in the Strand, and at the One Tun, and other places. I met with a great many acquaintance that detained me.

Q. How long did you stay at the Globe?

Culvertson. I met with one Richard Lee there, a taylor. I staid there not above an hour and a half, or two hours.

Q. Whereabouts on the bridge was the man knocked down?

Culvertson. It was clear of the pavement; rather nigh the middle of the way. There was a great croud about him. I saw the man raise up his hand with a stick and strike him.

Q. How did he come at him for the croud?

Culvertson. The people seemingly made way for him to knock him down. As soon as murder was called, I turned back the way I came; and when I came to Channel-row, the prisoner ran by me.

Q. How long had you stopped before the watchman was knocked down?

Culvertson. Near five minutes.

Q. What passed between the two men?

Culvertson. There was a great noise and a great many words between them, but I could not understand them.

Q. How did you know it was a watchman?

Culvertson. Because the people said it was a watchman.

Q. Had he a lanthorn and staff in his hand?

Culvertson. He had a lanthorn and stick.

Q. Did you see his lanthorn and stick?

Culvertson. Some people said he had a lanthorn and stick in his hand; that was when it was all over.

Q. Did you see his lanthorn?

Culvertson. I can't say I did, for the croud of people.

Q. Did you know Patrick Kennedy before?

Culvertson. I did; I have seen him at the Globe in the Strand, but I never drank with him in my life.

Q. Was it a light or a dark night?

Culvertson. It was a very dark night.

Q. When did you first give notice of this to any of the Kennedy's friends?

Culvertson. On New-year's-day I spoke to old Mr. Kennedy. I went to the Globe in order to tell him. I was told by Morris Corner he was their father. There was an account of a watchman being killed on Westminster-bridge, and one Kennedy being robbed of his money and watch; and for people to come to give an account of what they knew.

Q. How many people do you think there might be round the man when he was knocked down?

Culvertson. There might be fifty or sixty.

Q. Did no body attempt to take the man?

Culvertson. He ran away towards the Surry side directly.

Q. Did no body run after him?

Culvertson. Some ran and some walked.

Mr. St. John. I had a transaction last night with some people, which I think very material with regard to Bracegirdle. I had reason to think there was an attempt to prevent justice. I had frequently heard there had been offers made by him, that if they would give him a certain sum of money which he had specified, he would not give evidence. Hearing this, I desired the relation of these Kennedys would send Bracegirdle to me, that I might have some conversation with him. Last night there was a single knock at my door; no servant being at home, I opened the door myself; there I saw three very ill looking people. I was afraid to trust myself in their hands. I went out of the house with them, and called at Mr. Murphy's chambers, who was not at home. Resolving not to trust myself with them, they having a very suspicious appearance, I took the resolution of going with these three people to another gentleman's chambers, in order that he might be witness of what passed between us; that they might see I had done nothing that should impeach my conduct. When we came into the room I did not say a single, word that should be construed as a proposal from me. I said, Gentlemen, have you some proposal to make to me? if you have, let me hear, then I shall know how to act. There was Bracegirdle and two others. One of these people said, You know upon the account of Mr. Kennedy. I said, Who are you? He said, I am a friend of the witnes's. I then said, If you are only a friend of the witnes's, I had rather hear from the witness himself than you. I could get nothing from the witness himself for some time; it is evident he had some intention of making some proposal. I could not get from him his business for some time, till at last the other man interested, and said, Sir, it is about the Kennedys that are in prison, and you know, some satisfaction - I said, I did not know what that meant: what is your proposal, and what do you mean? He after some time said, He had for a long time lost his labour, not been able to apply to his business, and he thought it was very hard - and at last it came out 10 l. Upon which I said to Bracegirdle, Do you mean then from what I have heard from this man and yourself to make a proposal to me? You will refrain from giving evidence, if I will give you 10 l.? He said, Yes, I do, that is the proposal. Upon which I said, You have made application to me of a nature extremely criminal, with intent to obstruct justice; upon which I declined all conference, and departed.

Q. Of whom had you this account of this application having been made?

Mr. St. John. From one of the relations of the Kennedys that was known to me.

Cross-Examination.

Q. Whether that relation had application made to them by Bracegirdle?

Mr. St. John. They said application had frequently been made, I should rather believe, not by Bracegirdle himself.

Prosecutor. I had another witness, but he is decoyed away, and I can't find him.

Tho. Nugent . I am a shoemaker. I have known Patrick better than two years: he is an auctioneer of good character. I have known his brother much the same time: he has a good character.

Margaret Herd . I have known the Kennedys two years and better. I never heard any ill of them; they are peaceable young men.

Joseph Carr . I am a frame-maker and gilder. I have known the Kennedys near three years. I never heard any ill of them.

John Vaugban . I keep a tavern, the Star and Garter in St. Martin's-lane. I have known them both about a year and a half; they are peaceable, quiet, well-behaved men.

Robert Driver . I have known Patrick about three years, and the other about six months. I never knew any other of them but a good character. I know Evans also; he has a good character.

John Fletcher . I have known Patrick four or five months. I never heard any ill of him.

Patrick Matthews . I am a haberdasher. I have known Patrick Kennedy about eighteen months, and the other brother six; they have good characters.

James Monsup . I am attorney-general of the island of St. John's. M'Mahon came to England with me from Ireland. I never found a more in offensive lad in my life. Upon the account of my informing him of the ways of London, he seldom went out. I could have trusted him with all I had. Upon my oath, I never saw him drunk. If he had continued in my service, he must have gone abroad, and he did not chuse that, and he was recommended to be a clerk to an auctioneer.

Mrs. Coppleston. I have known M'Mahon fourteen months. He lodged at my house, and behaved exceeding well, as quiet a man as ever came into a house.

Mr. Benson. I am an auctioneer. I have known M'Mahon about twelve months; he lived with me as a clerk that time. He was sober and diligent, and greatly respected.

Thomas Penny . I have known Evans between eight and nine years; he has a very good character.

Robert Wetherall . I have known Evans eight or ten years. I never knew no harm of him; he was not given to quarrelling.

Benjamin Tise . I have known Evans fifteen or sixteen years. I never heard any thing amiss of him.

Matthew and Patrick Kennedy

Guilty Death .

M'Mahon and Evans Acquitted .

The two Kennedys received sentence, this being Friday, to be executed on the Monday following, and their bodies to be dissected and anatomized.

185. (M. 2 d.) Susanna Maclaine , widow , was indicted for stealing a moidore and a shilling, the property of Hugh Much , privately from his person , Jan. 31 . +

Acquitted .

186. (M. 2 d.) Litchfield Gromant was indicted for stealing a pair of linen streets, a pair of bed-curtains, a brass sender, a copper tea-kettle, a saucepan and a bolster , the property of Elizabeth Bailey , widow , Jan. 24 . *

Acquitted .

187, 188. (M. 2 d.) Joseph James and Benjamin Milltson , otherwise Johnson , were indicted for breaking and entering the dwelling-house of Thomas Evans , on the 24th of January , between the hours of one and two in the night, and stealing a shaving-box, value 1 s. two razors, value 1 s. one razor-strop, value 3 d. a pair of black leather breeches, value 5 s. and six pair of mens shoes, value 6 s. the property of the said Thomas, and one cloth coat, one pair of silver knee-buckles, value 3 s. and three yards of Irish linen cloth, value 3 s. the property of William Burton , in the dwelling-house of the said Thomas . +

Thomas Evans . I live at Knight sbridge . On the 25th of January, between seven and eight in the morning, my servant came into my room, and asked me if I had been called up in the night, (which I frequently am) I said, No. Then she said I had been robbed. I ordered her to call my man. I went down, and saw the outward door was broke open, the pannel of the shutter cut down: they had cut the groove all to pieces, and let down the shutter, and a pane of glass cut out of the door. It is a door half glass, by which means they unbolted the door. They had tryed at the kitchen-window, but could not get in. I missed four table-spoons, a pair of silver salts, a pair of silver salt-spoons, four silver tea-spoons, two hats, some shoes, an ebony shaving-box, with two razors, and a razor-strop in it, and a pair of leather breeches. I had wore one of the pair of shoes the day before, and the plate had been used the day before; they were for common use for the table. On the 31st of January I received a letter from Justice Lane, desiring I would attend him; he believed he could give me an account of my things. I went there. I made oath to the things of mine in the indictment. (Produced and deposed to, a court produced) This is the property of my servant, named Button. Two of my spoons were found at a silversmith's in St. Martin's-court, or Round-court. The accomplice informed me where they were. There was a table-cloth also found that I had used the day before they broke my house. The spoons are at home.

William Burton . I am servant to the prosecutor. My fellow-servant, Bridget Sherlock , and I saw the doors and windows fast over night, between twelve and one o'clock. She got up first in the morning, and came up, and said the door was broke, and the shutter taken down. She called my master, and we missed the several things he has mentioned.

Q. Did you hear no noise in the night?

Burton. I did not.

Bridget Sherlock deposed the same as Burton had before.

Allen Farrington . I am a constable. Mr. Lane sent for me, and desired I would go with the evidence Tibbs in search of the prisoners. I and a brother constable went and took the prisoners, and in searching their lodgings, we found these goods here produced. Jarvis lodged in Swan-yard, that goes out of the Strand, and the other in Stand-lane. In Jarvis's lodging we found the shaving box, razors, razor-strop, and a man's hat. The two prisoners were both there. Then I left them to the care of my brother constable, and went to Millison's lodging. There I found the black leather breeches, coat, and a pair of shoes. We carried the prisoners and goods to Mr. Lane's. He examined them, and committed them for farthe r examination upon the evidence of Tibbs, and the things being found. The prisoners seemed to be very sorry for what they had done, and said it was the first offence. Jarvis acknowledged more the first examination than he did the second. Millison begged his master's pardon.

Prosecutor. Millison had lived servant with me two years before. I heard him own he was very sorry for what he had done.

Richard Jones . I went with Mr. Farrington to take these prisoners and search the rooms. Jarvis lodged at a cook's-shop in Swan-yard. Tibbs was with us. There were both the prisoners: he said, they were the two men. We hand-cussed them; and I took care of them while Farrington and Tibbs went to the others lodging in Strand-lane. We took them and the things we found, before Justice Lane. They both said, they were very sorry for what they had done; and said, God forgive Tibbs, for they freely did.

John Tibbs . On the 24th of January, the two prisoners and I were together at a new public-house in Gloucester-row in Knightsbridge. Then we went to Kensington; then we came back into Piccadilly; then to Knightsbridge again; then it was between one and two in the morning of the 25th of January. We got over a wall belonging to a garden, and cross the garden; then over another wall; there we found a ladder, that carried us over all the rest of the walls, among gardens. We got a shutter down of a glass door. After we had broke the shutter with a chissel, which Jarvis had, and unbolted the door, and all three went in together, we found two silver spoons, over the sink, and two more in the safe: we had two silver salts out of the kitchen closet, two silver tea-spoons, two silver salt spoons, a coat, a pair of breeches, five pair of shoes, a large table cloth, and three yards of new cloth. We staid in the house almost a quarter of an hour. We had agreed upon this house the night before. I have known Millison two years. I was apprentice to a barber, near this house. We sold the plate to a silversmith for five shillings an ounce. He lives in St. Martin's court, a corner house. We divided the money among us.

Jarvis's Defence.

I am quite innocent of the charge. My acquaintance with the evidence is very slight. This is spite for my shewing some civilities to the person he calls his wife. It was he that brought the things to my house and desired to leave them there.

Millison's Defence.

The evidence swore he would be revenged of me. I gave two guineas for the coat and breeches to an acquaintance of the evidence Tibbs.

Both guilty . Death .

Prosecutor. I beg leave to recommend them to mercy on account of their youth.

Sarah Dickenson . On Saturday the 3 d instant the things laid in the indictment were taken out of my lodging. The prisoner and her husband lodged in the same house. I got a warrant, and searched her lodging. She had taken a pair of sleeves off one of my shifts, and had them on. I found a night-cap and apron of mine in her room. I asked her after the rest of my things. She owned she had taken and pawned them; and directed me to the several pawnbrokers, where I found them. (Produced by three pawnbrokers, and deposed to.)

Prisoner's Defence.

She has strove all in her power to part me and my husband. She desired me to pawn them, and now wants to swear my life away.

Edward Taylor . I live in Hog lane, Shoreditch . We had missed several things. The prisoner was taken in my house on the 26th.

James Parr . I am a journeyman weaver, and rent a room of Mr. Taylor. He having lost things before, we watched. I detected the prisoner in Mr. Taylor's house; she had a key in her hand, which we found would open the room door where the things were taken from. We went and searched her room in a house in Holloway-lane; there people came and told Mr. Taylor they had bought things of the prisoner.

Eliz. Welch. The prisoner offered to sell me a coat and waistcoat which she had in pawn for half a guinea. I went with her to a pawnbroker's in Hare-alley, Shoreditch. I bought them of her for eleven shillings and three half-pence. (Produced and deposed to.)

Philli's Peterson. The prisoner pawned a little cabinet to me on the 25th of January for 20 d. ( Produced and deposed to.)

Prisoner's Defence.

One Ann Hudson gave me these things to pawn, and I did, and sold the clothes.

Mr. Bridges is a baker , his bakehouse was on fire on the 16th of February, when a fire was at Lime-house. There were twenty-five or twenty-six sacks of flour carried out to a convenient place for security. The prisoner had got one of the sacks, and hired a man to carry it away, who was stopped by a watchman. The prisoner insisted upon the flour to be his property; upon which the watchman secured him. The sack, marked R. B. the property of Richard Blewmore ; and the flour, the property of Mr. Bridges.

John Eastence . I live in Cock-lane. I am a shoemaker . I had the things mentioned in a little leather bag in my pocket. The moon shone, and I thought it was six or eight o'clock. I got up, and went to go to work in Cranbourn-alley, and to carry these things to leave with my master. I shut the door after me; it had a spring lock. I found myself shut out, and it was but three o'clock. It was very cold; I enquired of a watchman for a house up: he directed me to the White Horse, a night house, in Middle-row, Holborn . I went there, and called for a pint of purl, and fell asleep, and when I awaked I missed my things; I told the people of it. The servant girl said, she had seen such a bag in the hands of one Bet Waller . She was gone. I had not seen any women there but the servant girl. I was going by one Sunday after that, and the little boy stood at the door: he said, There is Bet Waller . I went and took her in custody; and before Justice Girdler she acknowledged taking the bag out of my pocket, and selling my watch to a Jew, and where she had pawned my knee, and sold my shoe-buckles. I found them accordingly.

Thomas Humphrys . The knee-buckles were pledged with me on the 27th of December, by two women; to the best of my knowledge, the prisoner was one of them.

John Davis . The prisoner told me she had a pair of shoe-buckles in pawn, and desired. I would buy them. I bought them out of pawn in Dyer-street, St. Giles's. (The shoe and knee-buckles produced and deposed to.)

Prisoner's Defence.

He picked me up, and gave me the things about three in the morning. He said he would fetch them in two or three days, and he did not, so I made away with them.

Charles Balderson . I am a baker . I was coming along East-Smithfield , on the 14th of February about eight at night. I met the prisoner and another woman; they asked me if I would go in and see their apartment; they forced me into their apartment. Then they came about me and hustled me. I was not there above five minutes before the prisoner picked my pocket of my watch. They ran directly out at the door, and got away; I could not catch them. I returned to the house again, and was there better than an hour. They brought a man to drive me out of the house, but I would not go. I sat by the fire till the watchman came. The prisoner was there; I desired him to take her into custody. She was carried to the watch-house, and the next day committed to Newgate.

George Newton . I was constable of the night. The watchman came and told me, Liverpool Peg had robbed a man. I went to her lodging; the prosecutor gave me charge of her. (It was the prisoner.) The watchman, in going with us to Newgate, told me, the watch was pawned. We went and found it. (The watch produced in court.)

Mr. Bul.. I am a watch-maker. I lent the prosecutor this watch-till I put his own in order.

Mr. Newton. The watchman was indicted for receiving the watch. He is now in Newgate.

Prisoner's Defence.

I know nothing at all of the watch. The man broke into my room. I found him lying on my bed. I told him, I would swear house-breaking against him. He said, then he would be up with me, for he would swear I robbed him of his watch.

Elizabeth Reddle . I am wife to David Reddle . The prisoner was our servant . She took this shirt backwards to wash, on the 26th of January. She put on her cloak and went out, and that was missing. I went to enquire at the pawnbroker's after it, and found it at Mr. Gordon's in Holloway-lane.

Mr. Gordon. I believe it was the prisoner pledged this shirt with me the 26th of January, for 2 s.

Mary Petit . I live in Eagle-street, by Red Lion-square . On the 18th of February I locked my apartment and went out, about seven in the evening, to the other side Holborn-bars. I did not return till ten. When I came home, I found my apartment broke open, and all the things laid in the indictment, except the watch, were lying together in my room dirty.

Eliz. Phillips. I live in Rose-alley, Eagle-street. I heard somebody cry stop thief, a little after seven o'clock. I went out, there lay the things all scattered about; people put them in my apron, and the prosecutrix's landlord want with me to her room, and there I put them down.

Ann Lawrence . On Saturday the 10th of February I heard the cry, Stop thief! Mrs. Petit is a lodger of mine. I went down and found her door wrenched open. In an instant Mrs. Philips brought in the things.

John Brown. I live in Fisher-court, Eagle-street; my boy, name Storer, had been out; he came home, and said he saw two lads about that he thought were going upon the budge. He and I went out to watch them: we saw the lads pass on towards this house that was broke; they not passing a window at a little distance, I knew they must be gone into some house. My lad and I went and stood opposite the door; we saw the prisoner come out first, then the other. I went to catch the prisoner, but could not. My boy called, Stop thief! In about forty yards, they dropped the things mentioned. A gentleman knocked the other down. I followed the prisoner, but they both got away. My boy, who had been a bad boy, knowing them, the prisoner was had before Sir John Fielding for beating his wife, and there he was taken.

David Storer . I am an apprentice to Mr. Brown. I am going into seventeen years of age. I was out, and saw the prisoner and another lad looking about: I stopped; the prisoner came up to me and asked me, if I stood to hear music at the puppet show. I have known him three or four years. I went home and told my master, there were a couple of young men looking about that were bad men, and asked him to go and watch them: we saw them go into Mrs. Lawrence's house, and come out again: the prisoner came out first; then I called stop thief! they ran, and, finding they were pursued, they dropped the things; one sell, and my master ran after the other, but neither of them were taken. I and my master found the prisoner on the Tuesday after at Sir John Fielding's office, and we took him.

Q. What is the meaning of that word you made use of to your master, going on the budge?

Storer. Going on the sneak, is to go into houses that are open to take things: going on the budge, is to burst the doors open. I was acquainted with the prisoner when I used to be in bad company. (The things produced and deposed to).

Guilty . T .

See Storer tried No. 110, in Mr. Alderman Turner's Mayoralty.

198. (M. 1st) Richard Carter was indicted for stealing twelve silver buttons for a coat, value 15 s. and three guineas and a half, the property of Stephen Hester , in the dwelling-house of John Harley , Sept. 28 . +

Stephen Hester . I lodge at the Duke of Rutland's Head in Old Gravel-lane . I am a waterman . The prisoner was a soldier quatered in the same house. I lost twelve silver buttons and three guineas and a half; they were lost between the 24th of September and the 27th of October. The prisoner went from that house on the 28th. After I missed them I went to enquire after him at the Savoy, and was informed he had deserted. After he was taken up as a deserter and brought to the Savoy, the corporal and serjeant came and told me. I went to him in the Savoy; there he owned to every thing; that he took the buttons and money. I went to Justice Camper, got a warrant, took him out of the Savoy, and brought him before the Justice, where he owned he took the money and buttons out of a till in my chest. He told me what girl he had given the buttons to to carry to pledge, and said he went along with her to a pawnbroker in an alley near Well-close square. When we came there the buttons were not there, but I found them at the house of Phoebe Adley , near Well-close square. (Produced and deposed to). The prisoner owned he had spent my three guineas and a half.

Phoebe Adley . These buttons were pledged at my house in the name of William Magrets . I heard the prisoner own he took them out of Mr. Hester's chest. They were pawned the 28th of September. The prisoner owned he sent them to pawn by another person.

Prisoner's Defence.

I was quartered at that house. The chest that the buttons were in, was such that I could get my hand under the lid without opening the chest.

200. (M. 1st) Ann wife of Robert Scaples was indicted for stealing a silver table spoon, value 5 s. the property of James Segwick , January 11 . +

James Segwick . The prisoner came to live servant with me on the 4th of January last, and, on the 11th, I missed a silver table spoon; from that time we always suspected her from the equivocating answers she made to questions put to her. On the 27th she asked her mistress to go out for about an hour, or an hour and a half. She did not return till the next day between eleven and twelve: this confirmed my suspicion. Then I accused her again with taking the spoon; at first she denied it, but afterward she owned she did take it, and had offered to sell it to Mr. Wood in the Minories, who had stopped it. The next morning she went with me to him: I asked him if he had a spoon offered to him to sell on the Saturday; he said he had. I described it; he then said it is your spoon. (Produced in two pieces, and deposed to).

John Wood . This is the spoon the prisoner brought and offered to sell to me in these two pieces. I asked her her master's name; she could not tell me, but gave me false names, and seeing one of the letters, in part erased out, I suspected she had stole it.

Prisoner's Defence.

I found the spoon.

She called John Griffin , with whom she had lived three quarters of a year, who said he never saw any dishonesty by her.

Guilty . T .

201. (M. 1st) David Collins was indicted for stealing a Danish crown, value 4 s. and two guineas , the property of Antris Kudfth , January 6 . +

Mary Snow . My husband is named Thomas. The prisoner came into my shop; I took her to be in liquor. I turned my head and saw her cutting a piece of bacon: I slipped upon her, she let it fall. There were eight po unds and a quarter of it.

Elizabeth Stracheen . My husband is named Anthony. On Tuesday the 13th of this instant I was in my own room. I saw the prisoner go past my window; seeing her run, I went down and missed my gown. I mistrusted her. I got a warrant to search her room. I could not find it. Then I asked her to look about her clothes. I took up her upper petticoat, there I found my gown. (Produced and deposed to).

Henry Strutton . I live in Swallow-street, and am a brazier . I can only say the copper is my property. I saw it taken from off the prisoner's head.

Samuel Jackson . About a quarter before five in the afternoon, on the 19th of January, just before I came to Mr. Strutton's door, I saw two men take up this copper and weighed it in their hands, and put it down again. I crossed the way, thinking the copper was about going. There happened to come a dray by. I looked over the horses and saw the prisoner come up to them and put it on his head and walked along with it. I called down Mr. Strutton's cellar and told them three men had got the copper, and were going off with it. His man, named Newman, and I ran after them, and came up with the prisoner in John-street. We brought the prisoner back with the copper, and Mr. Strutton met us when the prisoner had it on his head.

Newman confirmed the account he had given.

Prisoner's Defence.

I was coming along Swallow-street; there were two men offered me a shilling to carry the copper to King-street, Seven Dials. I had not got three hundred yards before they came and laid hold of me. I looked round and the two gentlemen were gone.

206, 207, 208. (M. 1st) Samuel Barron , Clement Harris , and John were indicted, the two first for stealing a Cheshire cheese, value 18 s. the property of Benjamin Hall , and the other for receiving the same, well knowing it to have been stolen , Feb. 1 . ++

Benjamin Hill. I am a cheesemonger , and live in Broad-street, Ratcliffe-cross . On the 1st of February, about six in the evening, I had been out and coming to my door I met two of the prisoners coming out; they had been in and bought a penny worth of cheese, I turned round and missed a cheese from the window. I went out and found the two prisoners with their heads together. I took one, and the other ran away; he confessed they came in to buy a pennyworth of cheese, while the other was to run away with a cheese. I have seen a cheese since, but I cannot swear to it to be my property.

John Lisset , Esq; I live in Golden-square, but this house of mine that has been robbed is in Old-street . I went up to the top of the house last Wednesday morning, and saw that lead had been cut away; it was taken from between two roofs, on a flat. When the prisoner was before the Justice he pretended he got in there to sleep.

Thomas Teesnel . I am a watchman: the watchman that was on that beat where this house is, came and told me he had heard something come thump in that house.

Q. What is the prisoner?

Teesnel. He is either a bricklayer or a labourer. We went to examine the house between the hours of two and three in the morning. We were obliged to get over the iron pallisades and break the boards at the window to get in. We found the prisoner concealed up in a corner in a wash-house. We secured him. I saw another man run across the top of the tiles; he got off. In the first floor we found two parcels of lead rolled up, near one hundred weight of it; and up two pair of stairs another parcel rolled up. We went upon the top of the house, and saw the place where the lead was taken from; then we took the prisoner to the watch-house.

John Jones . I am a watchman. I can say no more than what my brother watchman has said. I was at the taking of the prisoner, and finding the lead.

John Willson , another watchman, deposed the same.

Prisoner's Defence.

I had been at the King's Arms in Goswell-street, with an acquaintance, till near twelve at night; it was too late to go home. I saw the door and gate open of that empty house. I went in and laid myself down, and heard no noise till I heard the watchman's rattle; then I heard somebody up stairs at the time.

Edmund Watkins . I lodge at the Roebuck and French Horn in Tothill-street . On Monday was a fortnight I went out into the country to do business, and did not return to lie in my lodging for a fortnight. I left the things laid in the indictment (mentioning them) in my lodgings. When I returned they were gone. Goslin lodged in the house on the same floor. The woman that cohabited with him used to make my bed, and my things used to be very safe, so I had not locked my door.

Eliz. Salmon. Goslin came and offered me this silver to sell. He said, a very reputable man sent him with it. (Producing an ingot.)

Q. to prosecutor. Did the prisoner Goslin confess any thing of taking the things; or that this silver is the buttons melted down?

Prosecutor. No.

Both Acquitted .

210. (M. 1st.) Susanna Bonningham was indicted on the coroner's inquest, for the wilful murder of William Burrows , by giving him a mortal wound on the head with a cutting-board, of which he instantly died . Feb. 1 . *

It appeared on the evidence she was of insane mind; she was acquitted, and ordered to be taken proper care of .

211. (M. 1st.) John Marrey , chimney-sweeper , was indicted on the coroner's inquest, for the wilful murder of Martha Slade , by shooting her in the head with a pistol , Dec. 24 . *

Catherine Evans . The prisoner and Martha Slade rented a room of me, and had been in it about a month. On the Saturday before Christmas-day, this accident happened. I was sitting in my room and heard a pistol go off, but then did not know it was in our house. Martha Slade came down to me with her apron or handkerchief up at her ear, and said, Mrs. Evans, Murrey has shot me, but don't let him suffer for it, for he did not do it on purpose. She lived a fortnight after, all but three days. He went and surrendered himself up to the constable. He was asked how he came by the pistol? he said, He found it, but did not know that it was charged. He said to her as she lay in bed, If you die, have you any thing to lay to my charge? she said, No: what I have to say, let it fall upon myself.

Mary Slade . I am mother to the deceased. On Christmas eve she came down through the street with her apron up to her ear, and said, O! my dear mother! Murrey has shot me. I went with her every day to have her wound dressed, to Mr. Mophat, till she could not walk; then she was ordered into the hospital. She told me, she believed Murrey had no intent to hurt her.

Sarah Sawley . I am aunt to the deceased. I went up to her on the Tuesday; she lay on the bed. She said to me, Aunt, I shall die. I said, I hoped not. She said again, I shall; but pray don't let Jack be hurt. The last words she spoke to me were, She believed he did it with no design to hurt her.

Q. to the mother. Had your daughter any disorder upon her besides that wound?

Mary Slade . She had not.

Q. Where was the wound?

Mary Slade . It was below her ear. There were two places.

Q. from the prisoner. Were there any anger between us when you left us just before this accident?

Mary Slade . I left them in a great deal of love about half an hour or not so much, before this happened.

Q. to Coroner. Where is the surgeon?

Coroner. He is not here.

Prisoner's Defence.

I found that pistol and laid it by; and taking my things out from where it lay, it went off accidentally.

Thomas Dickson . I am a seaman . I was at the Bee-hive in Nightingale-lane. The prisoner was there before I was. He came for a guide to show me the way to Lad-lane in a coach. There were two men with us; one was the boatswain of a brig that I came home in; the other a labouring man. I had bid farewel at my lodging, and was going to Liverpool. We went to the Swan and-two-necks in Lad-lane , to enter in the stage, the boatswain and I. I put my hand in my pocket to pay the coach. I paid it; the prisoner was present when I took my money out: there was nine guineas and a half in a piece of cloth. The boatswain had cut his finger, and a doctor was trying to stop the blood. While the prisoner and I were standing at the coach door, he having seen where I put my money, he catched it suddenly out of my pocket, and ran away with it. I pursued him, but could not catch him. He was taken the next morning by the boatswain. I was sent for before the bench of justices: the man that took him found four guineas and a half upon him, and some silver.

Jos. Levi. On that Sunday night, about eight o'clock, I went into the Bee-hive in Nightingale-lane. This sailor was there with two others. There were a parcel of girls of the town, I dare say twenty. The next morning I was at the Rotation (I attend there.) I there heard this man had been robbed by a man that was with him the night before, of nine guineas and a half. I saw the prisoner in Red-Lion-street. I took him up, seeing him with the sailor the night before. I went to search him: he said, You need not search me; and gave me his money out of his pocket, four guineas and a half, and three shillings and six-pence in silver. He said, he received it two days before for wages on board a ship. The prosecutor came. When before, the Justices, he was asked if he knew the man that took his money? He said, he was much in liquor; he did not know him. He was bid to look about; he did, and said he did not see him. After one of the sailors said, the prisoner was the man; then the prosecutor said, he believed he was the man.

John Waters . I live at Hoxton, and keep a public house . On the 12th of February I had been at Chelsea upon some business, and coming home by Cold-bath-fields , I called at the house of Mr. George Stocking . A boy was shutting up the window. I got off my horse, and went into the parlour, and staid about a minute and a half. It was dark.

Q. What time of the evening?

Waters. It was about half an hour after seven. I put my hand on my horse, which was at the door; I missed my saddle. I saw nobody there. The boy said. There has nobody gone along the street; whoever took it must be gone over the bank. We went over the bank; there the prisoner was lying. We took him before Justice Girdler, and he was committed.

Feadrick Lewis Gibson . After the saddle was missing, I went and looked over the bank, and found the prisoner stooping down in the grass. We secured him, and he was committed.

Thomas Fryer . On the 12th of this instant I had a basket of oysters on my head. Going by I saw a man take the saddle from the horse, and fling it over the bank, and jump over after it. I will not undertake to say the prisoner is the man; he is much like him. It was dark. I observed he had a handkerchief on his neck, and his knee-strings untyed, and his hat stapped.

George Stocking . I found the saddle that night, between eleven and twelve; after the moon got up, about twelve yards from where we found the prisoner. There were the girls and stirrups on it.

Prisoner's Defence.

I am as innocent as the child unborn. I got over the bank in order to save my life. I never saw the saddle with my eyes.

Acquitted .

Will. Putleson , John Jones , otherwise Posnett , Thomas Dunk , John Chapman , and William Moody , capitally convicted in January session, were executed on Wednesday the 14th of February.

The trials being ended, the court proceeded to give judgment as follows: